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SMITH v. BROOKHART

Nos. 20-1588 & 20-1666.

996 F.3d 402 (2021)

Kenneth SMITH, Petitioner-Appellee, Cross-Appellant, v. Deanna BROOKHART, Warden, Lawrence Correctional Center, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 29, 2021.

Attorney(s) appearing for the Case

David Jimenez-Ekman , Katharine Ciliberti , Attorneys, Jenner & Block LLP, Chicago, IL, for Petitioner-Appellee.

Eldad Malamuth , Attorney, Office of the Attorney General, Criminal Appeals Division, Chicago, IL, for Respondent-Appellant.

Before Wood, Hamilton, and St. Eve, Circuit Judges.

Kenneth Smith has been in state prison for nineteen years for a murder and robbery that he insists he did not commit. He achieved limited success in challenging his convictions on March 10, 2020, when the district court held that he is entitled to release unless the state decides to retry him. Smith v. Brookhart, No....

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