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ROSA v. PETERS

No. 92-3258.

36 F.3d 625 (1994)

Orlando ROSA, Petitioner-Appellee, v. Howard A. PETERS, III, Director, Illinois Department of Corrections, 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

Lawrence C. Marshall (argued), Northwestern University Legal Clinic, Tina Liebling, Office of the Cook County Public Defender, Chicago, IL, for petitioner-appellee.

Arleen C. Anderson, Terence M. Madsen, Asst. Attys. Gen., Martha E. Gillis (argued), Office of the Atty. Gen., Crim. 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 Orlando Rosa ("Rosa") was convicted of murder and attempted murder in Illinois state court following a jury trial. Rosa challenges the murder conviction, contending that the instructions given his jury violated his federal due process rights. Rosa also asserts that the prosecutor improperly excluded Blacks from his jury as forbidden by

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