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BOERCKEL v. O'SULLIVAN

No. 96-4068.

135 F.3d 1194 (1998)

Darren E. BOERCKEL, Petitioner-Appellant, v. William D. O'SULLIVAN, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 9, 1998.

Rehearing and Suggestion for Rehearing Denied March 20, 1998.

Attorney(s) appearing for the Case

David B. Mote (argued), Richard H. Parsons, Office of the Federal Public Defender, Springfield, IL, for Petitioner-Appellant.

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

Before BAUER, FLAUM, and KANNE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 20, 1998.

KANNE, Circuit Judge.

This is a case about comity. Boerckel raises claims in his petition for habeas corpus that he raised in his direct appeal to the Appellate Court of Illinois but that he did not include in his petition for leave to appeal to the Illinois Supreme Court. The district court dismissed these claims as procedurally barred. Between the district court's order and oral argument...

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