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TOLIVER v. HULICK

No. 05-3712.

470 F.3d 1204 (2006)

Antoine TOLIVER, Plaintiff-Appellee, v. Donald HULICK, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 4, 2006.

Attorney(s) appearing for the Case

Armand L. Andry (argued), Chicago, IL, for Plaintiff-Appellee.

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

Before EASTERBROOK, Chief Judge, and BAUER and EVANS, Circuit Judges.

EVANS, Circuit Judge.

Antoine Toliver was convicted of first degree murder and attempted first degree murder after a jury trial in the Circuit Court of Cook County. He was sentenced to consecutive prison terms of 40 and 6 years. The Illinois Appellate Court affirmed his conviction, and the Illinois Supreme Court denied leave to appeal. His subsequent petition for a writ of habeas corpus, filed in the District Court for the Northern District of Illinois, was granted...

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