Wayne S. Mikel v. James H. Thieret, Warden, Menard Correctional Center

FAIRCHILD, Senior Circuit Judge.

Wayne S. Mikel was convicted in an Illinois court on one count of murder and two counts of aggravated assault for firing a rifle from his co-defendant’s pick-up truck on the night of 19 November 1977. The facts are recited in People v. Mikel, 73 Ill.App.3d 21, 29 Ill.Dec. 287, 391 N.E.2d 550 (4th Dist.1979). Mikel now appeals the denial of his federal habeas corpus petition; the facts relevant to these claims are discussed only as necessary. We affirm for the reasons stated below.

I. Procedural Posture

Upon conviction in Illinois, Mikel pursued a direct appeal…