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WILSON v. McCAUGHTRY

No. 90-1017.

994 F.2d 1228 (1993)

David J. WILSON, Petitioner-Appellant, v. Gary McCAUGHTRY, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 20, 1993.

Attorney(s) appearing for the Case

Alan Raphael, Christina Giorgio (argued), Loyola University School of Law, Chicago, IL, for petitioner-appellant.

Donald J. Hanaway, Atty. Gen., Daniel J. O'Brien (argued), Jerome S. Schmidt, Asst. Attys. Gen., Wisconsin Dept. of Justice, Madison, WI, for respondent-appellee.

Before CUMMINGS, COFFEY and EASTERBROOK, Circuit Judges.

COFFEY, Circuit Judge.

David James Wilson filed a petition in the district court for a writ of habeas corpus challenging his conviction in a Wisconsin state trial court for second-degree murder, subsequently affirmed by the Wisconsin Supreme Court. 28 U.S.C. § 2254. Wilson alleged that his conviction was obtained in violation of the United States Constitution because the state prosecutor waited sixteen years after the murder before indicting him

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