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GACY v. WELBORN

Nos. 92-3448, 92-3965.

994 F.2d 305 (1993)

John Wayne GACY, Petitioner-Appellant, v. George WELBORN, Warden, Menard Correctional Center, and Roland W. Burris, Attorney General of Illinois, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 12, 1993.

Rehearing and Rehearing Denied May 7, 1993.

Attorney(s) appearing for the Case

William J. Nissen (argued), Susan Weber, Sidley & Austin, Chicago, IL, for petitioner-appellant.

Kevin Sweeney, Asst. State's Atty., Renee Golbus Goldfarb, Chicago, IL, Terence M. Madsen, Asst. Atty. Gen. (argued), Criminal Appeals Div. Chicago, IL, James E. Fitzgerald (argued), Cook County State's Atty., Chicago, IL, for respondents-appellees.

Barry Levenstam, Michael T. Brody, Jerold S. Solovy, Jeff S. Pitzer, James B. Sowerby, Jenner & Block, Chicago, IL, for Hernando Williams, amicus curiae.

Locke E. Bowman, III, Silets & Martin, Chicago, IL, David J. Bradford, Kathleen M. Banar, Niles, IL, MacArthur Justice Center, amicus curiae.

James M. Amend, Kirkland & Ellis, Chicago, IL, amicus curiae.

Before EASTERBROOK, MANION, and KANNE, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 7, 1993.

EASTERBROOK, Circuit Judge.

John Wayne Gacy is a serial killer. Between 1972 and 1978 he enticed many young men to his home near Chicago for homosexual liaisons. At least 33 never left. Gacy tied up or handcuffed his partners, then strangled or choked them. Twenty-eight of the bodies were dumped into the crawl space under the Gacy residence; one was entombed under the driveway; the rest were thrown into the...

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