United States of America, Ex Rel., Larry Cosey v. Dennis Wolff, Warden, and Tyrone Fahner, Attorney General

This is an appeal of the district court’s order granting summary judgment to Larry Cosey in his § 2254 petition for a writ of habeas corpus. Because the district court erred in granting Cosey’s motion for summary judgment, we reverse and remand for further proceedings.

I

Cosey was indicted by the Cook County Grand Jury in connection with the shooting and robbery of Michael Lightfoot. At a bench trial in the state court, Lightfoot testified that he accompanied Cosey to Co-sey’s basement apartment between 2:00 a. m. and 3:00 a. m. on November 6, 1977. Lightfoot put his .38 caliber revolver on a…