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EAGLIN v. WELBORN

No. 93-1561.

57 F.3d 496 (1995)

Kenneth EAGLIN, Petitioner-Appellee, v. George C. WELBORN, Warden, and Roland W. Burris, Attorney General of Illinois, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 28, 1994.

Reargued April 26, 1995.

Decided June 8, 1995.

Attorney(s) appearing for the Case

Maribeth Egert Dura (argued), Corrigan & Dura, Peoria, IL, for petitioner-appellee.

Penelope Moutoussamy George (argued), Office of Atty. Gen., Crim. Appeals Div., Chicago, IL, for respondents-appellants.

Before POSNER, Chief Judge, and CUMMINGS, CUDAHY, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION, KANNE, and ROVNER, Circuit Judges.

Reargued En Banc April 26, 1995.

POSNER, Chief Judge.

We granted rehearing en banc in this habeas corpus matter to consider whether to overrule Whipple v. Duckworth, 957 F.2d 418 (7th Cir.1992), on which the district judge and the panel had relied in deciding that the petitioner was entitled to a new trial. 41 F.3d 268 (7th Cir.1994). The panel reasoned that a common law rule in force...

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