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THOMAS v. PETERS

No. 93-2725.

48 F.3d 1000 (1995)

Vincent THOMAS, Petitioner-Appellee, v. Howard A. PETERS, III, Director, Department of Corrections, State of Illinois, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 23, 1995.

Attorney(s) appearing for the Case

Stephanie L. Ellbogen (argued), Office of the Cook County Public Defender, Chicago, IL, for petitioner-appellee.

Bradley P. Halloran (argued), Rita M. Novak, Office of the Atty. Gen., Chicago, IL, for respondent-appellant.

Before COFFIN, CUMMINGS, and EASTERBROOK, Circuit Judges.

COFFIN, Circuit Judge.

This case and its companion1 require us to consider whether Gilmore v. Taylor, ___ U.S. ___, 113 S.Ct. 2112, 124 L.Ed.2d 306 (1993), impliedly overrules our earlier decision that the old Illinois Pattern Jury Instructions for murder and manslaughter, when given together, deprive a criminal defendant of due process of law. See Falconer v. Lane, 905 F.2d 1129 (7th Cir...

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