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TONEY v. PETERS

Nos. 92-3769, 93-1331.

48 F.3d 993 (1995)

Alvin TONEY, Petitioner-Appellee, Cross-Appellant, v. Howard A. PETERS, III, Director, Department of Corrections, State of Illinois, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 23, 1995.

Attorney(s) appearing for the Case

Evelyn G. Baniewicz (argued) and Jeffrey M. Howard, Office of the Cook County Public Defender, Chicago, IL, for petitioner.

Rita M. Novak, Office of the Atty. Gen. and Steven J. Zick (argued), Office of the Atty. Gen., Crim. Appeals Div., Chicago, IL, for respondent.

Before COFFIN, CUMMINGS, and EASTERBROOK, Circuit Judges.

COFFIN, Circuit Judge.

In today's companion case,1 we decline to overturn our prior decisions finding that the old Illinois Pattern Jury Instructions for murder and manslaughter, when given together, may violate a defendant's due process right to a fair trial. These instructions were also given in the instant case. We conclude, however, that this error was harmless and therefore reverse the judgment below granting the writ of habeas corpus...

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