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EVERETTE v. ROTH

No. 92-4063.

37 F.3d 257 (1994)

Donald EVERETTE, Petitioner-Appellee, v. Thomas P. ROTH, Warden, Sheridan Correctional Center, and Roland W. Burris, Attorney General of the State of Illinois, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 23, 1994.

Rehearing and Suggestion for Rehearing Denied November 30, 1994.

Attorney(s) appearing for the Case

Glenn E. Heilizer (argued), B. Franco Laterza, Laterza & Heilizer, Chicago, IL, for petitioner-appellee.

Terence M. Madsen, Asst. Atty. Gen., Thomas L. Ciecko, Deputy Atty. Gen., Steven J. Zick (argued), Office of Atty. Gen., Crim. Appeals Div., Chicago, IL, for respondents-appellants.

Before FAIRCHILD, COFFEY and RIPPLE, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied November 30, 1994.

FAIRCHILD, Senior Circuit Judge.

Petitioner-appellee Donald Everette ("Everette") was convicted of murder in Illinois state court following a jury trial. Everette contends that the trial court improperly refused to instruct his jury on self-defense and voluntary manslaughter in violation of his federal due process rights. Thomas Roth, the Warden of Sheridan Correctional Center where Everette...

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