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STEWART v. GRAMLEY

No. 95-1850.

74 F.3d 132 (1996)

Walter STEWART, Petitioner-Appellant, v. Richard B. GRAMLEY, Warden, Pontiac Correctional Center, et al., Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 9, 1996.

Rehearing and Suggestion for Rehearing Denied February 27, 1996.

Attorney(s) appearing for the Case

David C. Thomas (argued), Chicago-Kent College Of Law, Chicago, IL, Marshall Hartman, Capital Resource Center, Chicago, IL, for Walter Stewart.

Steven J. Zick, Office of Attorney General, Criminal Appeals Division, Chicago, IL, Kevin Sweeney, Renee G. Goldfarb (argued), Office of State's Attorney of Cook County, Criminal Appeals Division, Chicago, IL, for Richard B. Gramley and James E. Ryan.

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

Rehearing and Suggestion for Rehearing En Banc Denied February 27, 1996.

POSNER, Chief Judge.

Walter Stewart entered a jewelry store in an Illinois town, drew a revolver, and announced a stickup. After completing the stickup, Stewart ordered the three people (the woman who owned the store, her boyfriend, and her brother) who were in the front of the store (a fourth had slipped away to a back room) to move to the side. The men didn't move; the woman did move...

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