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RICHARDSON v. GRAMLEY

No. 90-1527.

998 F.2d 463 (1993)

Charles RICHARDSON, Petitioner-Appellant, v. Richard B. GRAMLEY, Warden of Dixon Correctional Center, et al., Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 1, 1993.

Attorney(s) appearing for the Case

Donna Hickstein-Foley (argued) Athas, Foley & Kowal, Chicago, IL, for petitioner-appellant.

Marcia L. Friedl, Asst. Atty. Gen., Michael A. Hurst (argued) Office of the Attorney General, Criminal Appeals Div., William P. Pistorius, Asst. Atty. Gen., Office of the State's Attorney of Cook County, Federal Litigation Div., Chicago, IL, for Richard Gramley.

Michael A. Hurst, Office of the Attorney General, Criminal Appeals Div., William P. Pistorius, Asst. Atty. Gen., Office of the State's Attorney of Cook County, Federal Litigation Div., Chicago, IL, for Neil F. Hartigan.

Before POSNER, FLAUM, and ROVNER, Circuit Judges.

POSNER, Circuit Judge.

A state prisoner named Richardson appeals from the denial of his application for habeas corpus, arguing that the prosecutor used a peremptory challenge to strike a juror by reason of the juror's race in violation of the constitutional principle declared in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Richardson can use Batson to attack his conviction only if the conviction...

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