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· 9/5/1991

Harrison Fagan v. Odie Washington, Warden, and Roland W. Burris, Attorney General of the State of Illinois

Citations

  • 942 F.2d 1155
  • 1991 U.S. App. LEXIS 20786
  • 1991 WL 169310

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that government “waived [its] waiver” argument by failing to raise it.
  • upholding grant of habe-as petition where appellate counsel failed to argue “winning claim” that evidence was insufficient to support conviction
  • reversing accountability murder conviction on the basis that the trial court “assumed,” absent any evidence, “that the bullet that killed [the victim] must have come from a gun fired by one of the [members from defendant’s gang]”
  • reversing accountability murder conviction on the basis that the trial court “assumed,” absent any evidence, “that the bullet that killed [the victim] must have come from a gun fired by one of the [members from defendant’s gang]”
  • “[the defendant] had a winning claim on direct appeal that the [trial] judge had either convicted him of murder on insufficient evidence or misunderstood the law of accountability”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cummings, Posner, Flaum

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.