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CUEVAS v. WASHINGTON

No. 92-3090.

36 F.3d 612 (1994)

Marilyn A. CUEVAS, Petitioner-Appellee, v. Odie WASHINGTON, Warden, Dixon Correctional Center, Respondent-Appellant.

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

Paul W. Schroeder, Charles E. Watson, II, Jones, Day, Reavis & Pogue, Martin S. Carlson, Office of the State Appellate Defender, Lawrence C. Marshall (argued), Northwestern University Legal Clinic, Michael Rachlis, Hedlund & Hanley, Chicago, IL, for petitioner-appellee.

Roland W. Burris, Steven J. Zick (argued), Office of the Atty. Gen., Criminal Appeals Div., Chicago, IL, for respondent-appellant.

Before FAIRCHILD, COFFEY and RIPPLE, Circuit Judges.

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

FAIRCHILD, Circuit Judge.

Petitioner-appellee Marilyn Cuevas ("Cuevas") was convicted of murder and attempted murder in Illinois state court following a jury trial. Cuevas challenges the murder conviction, contending that instructions given her jury violated her federal due process rights. She also argues that she should be resentenced with respect to attempted murder. Odie Washington...

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