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FOSTER v. SCHOMIG

Nos. 99-1398, 99-1482.

223 F.3d 626 (2000)

James T. FOSTER, Petitioner-Appellee, Cross-Appellant, v. James M. SCHOMIG, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 31, 2000.

As Amended on Denial of Rehearing and Suggestion for Rehearing August 24, 2000.

Attorney(s) appearing for the Case

Kenneth N. Flaxman (argued), Chicago, IL, Phyllis J. Perko, Harlovic & Perko, West Dundee, IL, for petitioner-appellee, cross-appellant.

William L. Browers (argued), Office of the Attorney General, Chicago, IL, for respondent-appellant, cross-appellee.

Before COFFEY, MANION, and ROVNER, Circuit Judges.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc August 24, 2000.*

MANION, Circuit Judge.

James Foster was convicted by an Illinois jury of murdering his girlfriend by beating her with a baseball bat, and was sentenced to death because he also sexually assaulted her by forcing pieces of the broken bat into her rectum. The Illinois Supreme Court affirmed and denied collateral relief. He brought this Section...

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