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RIVERA v. SHERIFF OF COOK COUNTY

No. 98-1703.

162 F.3d 486 (1998)

Edwardo RIVERA, Petitioner-Appellee, v. SHERIFF OF COOK COUNTY, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 3, 1998.

Attorney(s) appearing for the Case

Frederick F. Cohn (argued), Chicago, IL, for Petitioner-Appellee.

Richard A. Devine, Office of the State's Attorney of Cook County, Alan J. Spellberg (argued), Office of the State's Attorney of Cook County, Criminal Appeals Division, Chicago, IL, for Respondent-Appellant.

Before CUDAHY, EASTERBROOK, and RIPPLE, Circuit Judges.

EASTERBROOK, Circuit Judge.

At the conclusion of a bench trial, the judge convicted Edwardo Rivera of murder. Two months later, on the date set for sentencing, Rivera's lawyer asked the judge to hold a new trial, contending that the eyewitness identification of Rivera as the killer was uncorroborated and may have been influenced by a suggestive photographic identification. After hearing argument, Judge Strayhorn (of the Circuit Court of Cook County) stated:

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