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U.S. EX REL. PARTEE v. LANE

No. 90-1302.

926 F.2d 694 (1991)

UNITED STATES of America, ex rel. Ellis O. PARTEE, Petitioner-Appellee, v. Michael P. LANE and James H. Thieret, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 8, 1991.

Attorney(s) appearing for the Case

John L. Conlon, Nancy Ellen Zusman, Kathleen Burch, Hopkins & Sutter, Chicago, Ill., Jean Hendren Ceddia, Riverwoods, Ill., David A. Upshaw, Indianapolis, Ind., for petitioner-appellee.

Mark L. Rotert, Asst. U.S. Atty., Neil F. Hartigan, Atty. Gen., Steven J. Zick, Crim. Appeals Div., Chicago, Ill., for respondents-appellants.

Before BAUER, Chief Judge, and POSNER and KANNE, Circuit Judges.

BAUER, Chief Judge.

In 1983, a DuPage County jury found Ellis Partee guilty of armed robbery. The trial court entered judgment on this conviction and sentenced Partee to 30 years of imprisonment. After pursuing appeals in the Illinois court system, Partee sought habeas corpus relief in the district court. Partee claimed, among other things, that his trial counsel's failure to subpoena an important alibi witness deprived him of his sixth amendment right to effective...

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