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U.S. EX REL. BOSTICK v. PETERS

No. 92-3333.

3 F.3d 1023 (1993)

UNITED STATES ex rel. Lawrence J. BOSTICK, Petitioner-Appellant, v. Howard PETERS, Director, Illinois Department of Corrections, and Michael Furrie, Warden, Taylorville Correctional Center, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 19, 1993.

Attorney(s) appearing for the Case

Adam Bourgeois (argued), Chicago, IL, for petitioner-appellant.

Bradley P. Halloran (argued), Office of Atty. Gen., Chicago, IL, for respondents-appellees.

Before CUDAHY, COFFEY and MANION, Circuit Judges.

CUDAHY, Circuit Judge.

Petitioner Lawrence Bostick brings this action for habeas relief under 28 U.S.C. § 2254, arguing that he was not permitted to litigate fully and fairly his Fourth Amendment claim in state court. The district court denied the writ, holding that Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976), precluded collateral review of his claim. We reverse and remand for a hearing on the merits...

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