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NEAL v. GRAMLEY

No. 96-1452.

99 F.3d 841 (1996)

Johnny NEAL, Jr., Petitioner-Appellant, v. Richard B. GRAMLEY, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 30, 1996.

Rehearing and Suggestion for Rehearing Denied January 16, 1997.

Attorney(s) appearing for the Case

Rita M. Novak, Steven Splitt (argued), Office of Attorney General, Chicago, IL, for Respondent-Appellee.

Alan M. Freedman (argued), Bruce H. Bornstein, Carol R. Heise, Freedman & Bornstein, Chicago, IL, Patricia Mysza, Chicago, IL, for Petitioner-Appellant.

Before POSNER, Chief Judge, and EASTERBROOK and MANION, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied January 16, 1997.

POSNER, Chief Judge.

A state prisoner who is under sentence of death appeals from the denial of federal habeas corpus. One night back in 1982 Johnny Neal entered the home of a neighbor with whom he was friendly, Lillian Waid, a 63-year-old widow, robbed her, and, though she put up no resistance, bashed in her head with a length of lead pipe filled with concrete and

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