Robert M. Levine v. Richard Kling

POSNER, Chief Judge.

Robert Levine was convicted of using interstate commerce to commit murder for hire. 18 U.S.C. § 1958(a). After we upheld his conviction, United States v. Levine, 5 F.3d 1100 (7th Cir.1993), he brought this damages suit for malpractice against Richard Kling, his court-appointed appellate counsel, basing jurisdiction on diversity of citizenship. The district court dismissed the suit for failure to state a claim under Illinois law, which all agree is the law applicable to the substantive issues in the case. 922 F.Supp. 127 (N.D.Ill.1996). The question presented by the appeal,…