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McCAIN v. GRAMLEY

No. 95-1066.

96 F.3d 288 (1996)

Joe McCAIN, Petitioner-Appellant, v. Richard B. GRAMLEY, Warden, Pontiac Correctional Center, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 20, 1996.

Attorney(s) appearing for the Case

Andrew C. Porter (argued), Jay Williams, Schiff, Hardin & Waite, Chicago, IL, for Petitioner-Appellant.

Kathy Shepard, Catherine Glenn (argued), Office of the Attorney General, Criminal Appeals Division, Springfield, IL, for Respondent-Appellee.

Before CUMMINGS, RIPPLE and EVANS, Circuit Judges.

CUMMINGS, Circuit Judge.

Petitioner Joe McCain is a black male who was convicted of murdering three police officers. He filed an application for a writ of habeas corpus alleging that the State of Illinois wrongfully used a peremptory challenge to exclude a black venireperson from his jury in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69. The district court denied McCain's application on the ground...

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