BRACY v. SCHOMIG, 99-4318, 99-4319, 99-4320, 99-4345
Where petitioners' trial was presided over by a corrupt, and subsequently convicted, judge, evidence extrinsic to the trial record could be used to support petitioners' due process claims, and such evidence, supports district court's conclusions that: (1) no discretionary rulings during the guilt phase of the trial lead to an inference that judge was actually biased against defendants, but (2) it is more likely than not that trial judge engaged in compensatory bias in the death penalty phase of the case. Accordingly, convictions affirmed but death sentences vacated and remanded.
- Decided 03/29/2002
- Published 03/29/2002
- TERENCE T. EVANS, Circuit Judge., Before FLAUM, Chief Judge, and POSNER, COFFEY, EASTERBROOK, RIPPLE, MANION, KANNE, ROVNER, DIANE P. WOOD, EVANS, and WILLIAMS, Circuit Judges.
- United States Seventh Circuit
- For Appellant:
- Robert H. Farley, Jr., Naperville, IL, Stephen E. Eberhardt (argued), Crestwood, IL, for petitioner-appellant, Roger Collins.
- For Appellees:
- John L. Stainthorp,People's Law Office, Chicago, IL, Gilbert H. Levy (argued), Seattle, WA, for petitioner-appellee, William Bracy., William L. Browers (argued), Office of Attorney General, Chicago, IL, for respondents-appellants, James M. Schomig, and Jonathan R. Walls.