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ALEMAN v. JUDGES OF CIRCUIT COURT, COOK COUNTY

No. 97-2479.

138 F.3d 302 (1998)

Harry ALEMAN, Petitioner-Appellant, v. THE HONORABLE JUDGES OF THE CIRCUIT COURT OF COOK COUNTY, Criminal Division, Illinois, Honorable Michael P. Toomin, Judge Presiding, Honorable Richard Devine, State's Attorney of Cook County, Illinois, Ernesto Velasco, Executive Director, Cook County Department of Corrections, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 6, 1998.

Attorney(s) appearing for the Case

Allan A. Ackerman, Chicago, IL, David I. Bruck (argued), Columbia, SC, for Harry Aleman.

Rita M. Novak, Office of the Attorney General, Chicago, IL, James E. Fitzgerald, John Blakey, Cook County State's Attorney, Chicago, IL, Renee G. Goldfarb (argued), Office of the State's Attorney of Cook County, Criminal Appeals Divison, Chicago, IL, for Circuit Court of Cook County, Illinois, Criminal Division, Michael P. Toomin, Judge, and Ernesto Velasco.

James E. Fitzgerald, John Blakey, Cook County State's Attorney, Chicago, IL, Renee G. Goldfarb (argued), Office of the State's Attorney of Cook County, Criminal Appeals Division, Chicago, IL, for Richard A. Devine.

Before WOOD, Jr., COFFEY, and FLAUM, Circuit Judges.

FLAUM, Circuit Judge.

Harry Aleman successfully bribed a Cook County Circuit Judge to acquit him of a murder charge in a 1977 bench trial. A grand jury returned a second indictment against Aleman on this murder charge in 1993 after evidence of the bribery surfaced. In addition, Aleman was indicted for the first time on a different murder charge. Aleman moved to dismiss both indictments, but the Illinois state courts rejected his arguments. In a lastditch effort to...

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