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EAGLIN v. WELBORN

No. 93-1561.

41 F.3d 268 (1994)

Kenneth EAGLIN, Petitioner-Appellee, v. George C. WELBORN and Roland W. Burris, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 28, 1994.

Rehearing and Rehearing Granted, Opinion Vacated January 23, 1995.

Attorney(s) appearing for the Case

Maribeth Egert Dura (argued), Faupel & Corrigan, Peoria, IL, for petitioner-appellee.

Penelope Moutoussamy George (argued), Office of the Atty. Gen., Crim. Appeals Div., Chicago, IL, for respondents-appellants.

Before CUDAHY and ROVNER, Circuit Judges, and WILL, District Judge.

Rehearing and Rehearing En Banc Granted, Opinion Vacated January 23, 1995.

OPINION

WILL, District Judge.

This is an appeal from the District Court's grant of Eaglin's petition for a writ of habeas corpus. The facts are largely undisputed.

FACTS

Petitioner, Kenneth Eaglin, was convicted in 1990 by a jury of solicitation of murder for hire and sentenced to 34 years imprisonment. At trial, he sought both to deny that he had knowingly...

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