FREE v. PETERS

No. 95-1692.

50 F.3d 1362 (1995)

James P. FREE, Jr., Petitioner-Appellant, v. Howard A. PETERS, III and Neil F. Hartigan, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 21, 1995.

Published March 29, 1995.


Attorney(s) appearing for the Case

Kimball R. Anderson (submitted), Timothy P. O'Connor, Bruce R. Braun, Winston & Strawn, Chicago, IL, for petitioner-appellant.

Arleen C. Anderson, Paula Giroux, Asst. Attys. Gen., Vincenzo Chimera, Chicago, IL, for respondents-appellees.

Before POSNER, Chief Judge, BAUER and CUDAHY, Circuit Judges.


PER CURIAM.

Petitioner James P. Free, Jr. is scheduled to be executed by the State of Illinois on March 22, 1995. He filed a motion under Fed.R.Civ.P. 60(b) in the district court and sought a stay of the execution pending the U.S. Supreme Court's decision whether to grant a writ of certiorari in Lackey v. Texas, ___ U.S. ___, 115 S.Ct. 1274, 131 L.Ed.2d 192 (1995) which raises the issue of

[w]hether the execution of a death sentence constitutes cruel...

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