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EMERSON v. GRAMLEY

Nos. 95-2988, 95-3018.

91 F.3d 898 (1996)

Dennis EMERSON, Petitioner-Appellant, Cross-Appellee, v. Richard B. GRAMLEY, Warden, Pontiac Correctional Center, Respondent-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 30, 1996.

Rehearing and Suggestion for Rehearing Denied September 19, 1996.

Attorney(s) appearing for the Case

Prentice H. Marshall, Jr., Linton Jeffries Childs (argued), Jay Tyson Covey, Sidley & Austin, Chicago, IL, for Petitioner-Appellee in No. 95-2988.

Michael M. Glick (argued), Rita M. Novak, Office of the Atty. Gen., Chicago, IL, for Respondent-Appellant in No. 95-2988.

Prentice H. Marshall, Jr., Linton Jeffries Childs (argued), Jay Tyson Covey, Sidley & Austin, Chicago, IL, Marshall J. Hartman, Chicago, IL, for Petitioner-Appellant in No. 95-3018.

Rita M. Novak, Office of the Atty. Gen., Chicago, IL, James E. Fitzgerald, Asst. States Atty., (argued), Chicago, IL., for Respondent-Appellee in No. 95-3018.

Before POSNER, C.J., and BAUER and RIPPLE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 19, 1996.*

POSNER, Chief Judge.

Dennis Emerson (also known as Dennis Jackson) was convicted by a jury in an Illinois state court of a murder committed in 1979 when he was 27 years old, was sentenced to death by the same jury, won a new trial from the state supreme court for trial error, People v. Emerson,

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