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RIGGINS v. McGINNIS

No. 94-3041.

50 F.3d 492 (1995)

Jimmy Lee RIGGINS, Petitioner-Appellant, v. Kenneth R. McGINNIS, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 24, 1995.

Attorney(s) appearing for the Case

Rick Halprin, Jerry B. Kurz, Hall & Kurz, Kent R. Carlson (argued), Chicago, IL, for petitioner-appellant.

Michael A. Hurst (argued), Office of Atty. Gen., Criminal Appeals Div., Chicago, IL, Margaret M. O'Connell, Office of State's Atty. of Dupage County, Wheaton, IL, for respondents-appellees.

Before FLAUM and EASTERBROOK, Circuit Judges, and CRABB, District Judge.

EASTERBROOK, Circuit Judge.

Jimmy Lee Riggins is among the hundreds of persons convicted of murder under a set of pattern jury instructions that People v. Reddick, 123 Ill.2d 184, 122 Ill.Dec. 1, 526 N.E.2d 141 (1988), held to embody a mistaken understanding of the relation between the elements of murder and manslaughter in Illinois law. Reddick came down shortly after Riggins...

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