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CAWLEY v. DeTELLA

No. 94-2536.

71 F.3d 691 (1995)

Alvoil CAWLEY, Petitioner-Appellant, v. George E. DeTELLA and Jim Ryan, Attorney General of the State of Illinois, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 7, 1995.

Attorney(s) appearing for the Case

Debra J. Stanek (argued), Nancy K. DuCharme, Phillip J. Kerwin, Sidley & Austin, Chicago, IL, for Petitioner-Appellant.

Arleen C. Anderson, Rita M. Novak, Office of the Attorney General, Chicago, IL, Steven J. Zick, Steven Splitt (argued), Office of the Attorney General, Criminal Appeals Division, Chicago, IL, for George E. DeTella.

Arleen C. Anderson, Rita M. Novak, Office of the Attorney General, Chicago, IL, for Roland W. Burris.

Before POSNER, Chief Judge, and COFFEY and FLAUM, Circuit Judges.

FLAUM, Circuit Judge.

In 1978 Alvoil Cawley was convicted of murder in Illinois state court for his role in the fatal shooting of James Duncan on December 9, 1977, in Glen Ellyn, Illinois. After the denial of both his direct appeal and his post-conviction appeal in state court, Cawley filed a petition for a writ of habeas corpus in federal court under 28 U.S.C. § 2254. The district court denied the petition, finding that Cawley had procedurally defaulted the...

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