WHITE v. BATTAGLIA

No. 05-1238.

454 F.3d 705 (2006)

Lawrence WHITE, Petitioner-Appellant, v. Deirdre BATTAGLIA, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 21, 2006.


Attorney(s) appearing for the Case

Gene C. Schaerr, Peter Kryn Dykema (argued), Winston & Strawn, Washington, DC, for Petitioner-Appellant.

David H. Iskowich (argued), Office of the Attorney General, Criminal Appeals Division, Chicago, IL, for Respondent-Appellee.

Before POSNER, RIPPLE, and KANNE, Circuit Judges.


POSNER, Circuit Judge.

In 1996 Lawrence White pleaded guilty in an Illinois state court to first-degree murder. At a hearing to determine whether he could be sentenced to death, the judge found that White, who had waived his right to have a jury answer that question, could be because he was guilty of felony murder. The judge decided not to sentence him to death, however, but instead to 80 years in prison. Under Illinois law...

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