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LAMBERT v. McBRIDE

No. 03-1015.

365 F.3d 557 (2004)

Michael Allen LAMBERT, Petitioner-Appellant, v. Daniel McBRIDE, Superintendent, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 7, 2004.

Attorney(s) appearing for the Case

Alan M. Freedman (argued), Midwest Center for Justice, Evanston, IL, Laurence E. Komp, Ballwin, MO, for Petitioner-Appellant.

Stephen R. Creason (argued), Steve Carter, Office of the Attorney General, Indianapolis, IN, for Respondent-Appellee.

Before RIPPLE, KANNE, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

Michael Lambert appeals from the denial of his petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. He does not dispute that his Indiana conviction for the murder of police officer Gregg Winters is valid, but he contends that the death sentence he received was unconstitutionally imposed. The facts are grisly.

Lambert was drinking heavily one December day in 1990...

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