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HAMPTON v. PAGE

No. 96-1571.

103 F.3d 1338 (1997)

Lloyd Wayne HAMPTON, Petitioner-Appellant, v. Thomas PAGE, Warden, Menard Correctional Center, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 6, 1997.

Rehearing and Suggestion for Rehearing Denied March 6, 1997.

Attorney(s) appearing for the Case

Michael B. Metnick, Charles Schiedel (argued), Thomas W. Patton, Metnick, Wise, Cherry & Frazier, Springfield, IL, for petitioner-appellant.

Steven J. Zick (argued), Office of the Atty. Gen., Criminal Appeals Div., Chicago, IL, for respondent-appellee.

Before FLAUM, RIPPLE, and EVANS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 6, 1997.

TERENCE T. EVANS, Circuit Judge.

Lloyd Wayne Hampton pled guilty to three counts of first degree murder in 1990. He waived his right to a jury at the sentencing hearing and, under the two-phase procedure of Illinois' death penalty statute, the judge first found that Hampton was eligible for the death penalty and next that there were no mitigating factors sufficient to preclude a sentence...

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