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ASHFORD v. GILMORE

No. 98-1353.

167 F.3d 1130 (1999)

James B. ASHFORD, Petitioner-Appellant, v. Jerry D. GILMORE, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 5, 1999.

Attorney(s) appearing for the Case

Richard D. Frazier, Metnick, Wise, Cherry & Frazier, Springfield, IL, Alan M. Freedman (argued), Midwest Center for Justice, Ltd., Chicago, IL, for Petitioner-Appellant.

Michael M. Glick (argued), Office of the Attorney General, Chicago, IL, Deborah L. Ahlstrand, Office of the Attorney General, Civil Appeals Division, Chicago, IL, for Respondent-Appellee.

Before MANION, DIANE P. WOOD, and EVANS, Circuit Judges.

MANION, Circuit Judge.

On June 12, 1985, James Ashford murdered four people in Springfield, Illinois and stole $10,000 and a bag full of cocaine. He waived his right to a jury, and the Illinois state trial court convicted him of murder and armed robbery. Contrary to advice of his counsel, Ashford also waived a jury for the sentencing hearing, and the trial court sentenced him to death. Having exhausted his state remedies, Ashford filed a habeas corpus petition under...

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