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LEE v. DAVIS

No. 01-3152.

328 F.3d 896 (2003)

Theodore LEE, Jr., Petitioner-Appellant, v. Cecil DAVIS, Superintendent, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 25, 2003.

Attorney(s) appearing for the Case

Stephen J. Kane (argued), Mayer, Brown, Rowe & Maw, Chicago, IL, for Petitioner-Appellant.

James B. Martin, Scott A. Kreider (argued), Office of the Atty. Gen., Indianapolis, IN, for Respondents-Appellees.

Before CUDAHY, COFFEY, and EASTERBROOK, Circuit Judges.

CUDAHY, Circuit Judge.

Theodore Lee, Jr. appeals the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Lee's failure to raise the issue of prosecutorial misconduct on direct appeal means that the issue was procedurally defaulted. Because Lee cannot demonstrate cause for his default, his petition fails. The district court's denial of Lee's petition was proper and we affirm.

I.

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