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VERDIN v. O'LEARY

No. 90-3327.

972 F.2d 1467 (1992)

Juan VERDIN, Petitioner-Appellee, v. Michael O'LEARY and Neil F. Hartigan, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 28, 1992.

Attorney(s) appearing for the Case

Carl P. Clavelli (argued), Chicago, Ill., for petitioner-appellee.

Arleen C. Anderson, Asst. Atty. Gen., Office of the Atty. Gen., Chicago, Ill., for respondents-appellants.

Before EASTERBROOK, RIPPLE, and MANION, Circuit Judges.

RIPPLE, Circuit Judge.

In 1984, Juan Verdin was tried in Illinois for the killing of two men. The trial court gave the then-standard Illinois jury instructions on murder and voluntary manslaughter. During its deliberation, the jury sent a question to the trial judge. Without notifying counsel for either party, the judge returned to the jury a brief response to the question. The jury ultimately found Mr. Verdin guilty on both murder charges. After an unsuccessful appeal...

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