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CROSS v. HARDY

No. 09-1666.

632 F.3d 356 (2011)

Irving L. CROSS, Petitioner-Appellant, v. Marcus HARDY, Acting Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 13, 2011.

Rehearing and Rehearing En Banc Denied February 14, 2011.

Attorney(s) appearing for the Case

Emily Eisner (argued), Chicago, IL, for Petitioner-Appellant.

Leah Myers Bendik , Assistant Attorney General (argued), Office of the Attorney General, Chicago, IL, for Respondent-Appellee.

Before KANNE, ROVNER, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

Irving Cross was arrested and charged with several counts of kidnapping and sexual assault in connection with the alleged rape of a woman Cross claimed was working as a prostitute. According to Cross, the complainant consented to the sexual contact in exchange for money and drugs. During Cross's first trial, the jury returned a verdict of not guilty on the kidnapping count but was unable to reach a verdict as to the sexual assault counts....

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