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U.S. EX REL. FALCONER v. LANE

No. 88 C 10308.

708 F.Supp. 202 (1989)

UNITED STATES of America ex rel. Phyllis FALCONER, Petitioner, v. Michael P. LANE and Neil F. Hartigan, Respondents.

United States District Court, N.D. Illinois, E.D.

March 7, 1989.

Attorney(s) appearing for the Case

Louis B. Garippo, Susan G. Feibus, Louis B. Garippo, Ltd., Chicago, Ill., David Lowe, St. Charles, Ill., for petitioner.

Terence Madsen, Asst. Atty. Gen., Criminal Appeals Div., Kenneth A. Fedinets, Office of the Illinois Atty. Gen., Chicago, Ill., for respondents.

MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

Petitioner Phyllis Falconer seeks a writ of habeas corpus from this court on the grounds that her murder conviction was infected by fundamentally unfair jury instructions regarding the proper allocation of the burden of proof on the lesser included offense of voluntary manslaughter. Her attorneys have filed a well-reasoned and well-written brief in support...

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