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BAILEY v. LEMKE

No. 12-1002.

735 F.3d 945 (2013)

Hernandez BAILEY, Petitioner-Appellant, v. Michael LEMKE, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 15, 2013.

Attorney(s) appearing for the Case

Richard H. Mcleese , Attorney, Chicago, IL, for Petitioner-Appellant.

Lindsay Beyer Payne , Attorney, Office of the Attorney General, Chicago, IL, for Respondent-Appellee.

Before BAUER and HAMILTON, Circuit Judges and MILLER, District Judge.

MILLER, District Judge.

An Illinois trial court convicted Hernandez Bailey of one count of murder and two counts of attempted murder. His trial counsel, William Swano, hadn't filed a discovery motion, so he (like the prosecutor through much of the prosecution's case) didn't know that one of the eyewitnesses had testified before a grand jury. Mr. Swano received a transcript of that grand jury testimony after the witness left the stand, and entered into a stipulation...

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