Legal Opinion
Vincent Thomas v. Howard A. Peters, Iii, Director, Department of Corrections, State of Illinois
Court of Appeals for the Seventh Circuit
Decided February 23, 1995No. 93-2725PublishedCited by 13 opinions
1Opinion of the Court
COFFIN, Circuit Judge.
This case and its companion1 require us to consider whether Gilmore v. Taylor, — U.S. -, 113 S.Ct. 2112, 124 L.Ed.2d 306 (1993), impliedly overrules our, earlier decision that the old Illinois Pattern Jury Instructions for murder and manslaughter, when given together, deprive a criminal defendant of due process of law. See Falconer v. Lane, 905 F.2d 1129 (7th Cir.1990). We are not persuaded that it does. Nevertheless, because we conclude that the error was harmless in Thomas’s case, we reverse the judgment below granting him habeas corpus relief.
I. Background
A. Facts
On…
2Cases cited33 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Estelle v. McGuireSupreme Court of the United States · 1991
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Delaware v. Van ArsdallSupreme Court of the United States · 1986
28 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Jimmy Lee Riggins v. Kenneth R. McGinnisCourt of Appeals for the Seventh Circuit · 1995
- Jeffrey Moleterno v. Keith O. NelsonCourt of Appeals for the Seventh Circuit · 1997
- Raymond Lee Stewart v. Michael Lane, Director, Illinois Department of Corrections and Howard Peters, WardenCourt of Appeals for the Seventh Circuit · 1995
- City of Chicago v. United States Department of the Treasury, Bureau of Alcohol, Tobacco and FirearmsCourt of Appeals for the Seventh Circuit · 2005
- Alvin Toney v. Howard A. Peters, Iii, Director, Department of Corrections, State of Illinois, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1995
8 more not listed; retrieve them via the Exa API.