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DelVECCHIO v. ILLINOIS DEPT. OF CORRECTIONS

Nos. 92-2553, 92-2622.

8 F.3d 509 (1993)

George DelVECCHIO, Petitioner-Appellant, Cross-Appellee, v. ILLINOIS DEPARTMENT OF CORRECTIONS, Respondent-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 26, 1993.

Order Granting Rehearing and Vacating Opinion December 17, 1993.

Attorney(s) appearing for the Case

Matthew F. Kennelly (argued), Margaret L. Paris, Cotsirilos, Stephenson, Tighe & Streicker, Chicago, IL, for petitioner-appellant.

Arleen C. Anderson, Asst. Atty. Gen. (argued), Office of the Atty. Gen., Terence M. Madsen, Asst. Atty. Gen., Office of the Atty. Gen., Criminal Appeals Div., Sara Dillery Hynes (argued), Renne G. Goldfarb, Cook County State's Atty., Civil Div., Chicago, IL, for respondent-appellee.

Before CUMMINGS, RIPPLE and MANION, Circuit Judges.

Order Granting Rehearing En Banc and Vacating Opinion December 17, 1993.

CUMMINGS, Circuit Judge.

George DelVecchio1 was convicted of slashing the throat of six-year-old Tony Canzoneri and of raping the child's mother, Karen, and sentenced to die. DelVecchio was captured on the roof of the Canzoneris' two-flat apartment when a Chicago police officer called to the scene of the rape heard snow crunching outside an attic window. DelVecchio...

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