Legal Opinion

Phyllis Falconer v. Michael P. Lane and Neil F. Hartigan

Court of Appeals for the Seventh Circuit

Decided June 29, 1990No. 89-2895PublishedCited by 107 opinions

1Opinion of the Court

CUMMINGS, Circuit Judge.

At her state court trial for murder, Phyllis Falconer attempted to prove that she killed her husband only in self-defense. The jury was instructed to consider the lesser offense of voluntary manslaughter. The jury nonetheless convicted Mrs. Falconer of murder and she was sentenced to 24 years in prison. Following a series of appeals described below, her second collateral attack on her conviction prevailed in district court. United States ex rel. Falconer v. Lane, 720 F.Supp. 631 (N.D.Ill. 1989). Paralleling a holding of the Illinois Supreme Court in a separate case,…

2Cases cited36 opinions

  1. Wainwright v. SykesSupreme Court of the United States · 1977
  2. Rose v. LundySupreme Court of the United States · 1982
  3. Teague v. LaneSupreme Court of the United States · 1989
  4. Picard v. ConnorSupreme Court of the United States · 1971
  5. Mullaney v. WilburSupreme Court of the United States · 1975

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3Cited by107 opinions

  1. Gilmore v. TaylorSupreme Court of the United States · 1993
  2. Juan Verdin v. Michael O'Leary and Neil F. HartiganCourt of Appeals for the Seventh Circuit · 1992
  3. State v. SandersSupreme Court of Louisiana · 1994
  4. State v. TateSupreme Court of Louisiana · 2013
  5. People v. FlowersIllinois Supreme Court · 1990

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