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Ellison v. Acevedo

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ARGUED NOVEMBER 13, 2009

Before KANNE and TINDER, Circuit Judges, and GRIESBACH, District Judge.*fn1

On May 5, 1993, a Lake County, Illinois jury found Lorenzo Ellison guilty of first-degree murder in the death of Quincy King, a four-month-old infant. He was sentenced to 60 years in prison. After unsuccessfully appealing his conviction and the denial of a subsequent motion for post-conviction relief in the Illinois appellate courts, Ellison filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court denied Ellison’s petition but issued a certificate of appealability on several issues, two of which have been briefed for appeal: (1) whether the failure of his trial attorney to consult with or call an expert witness on “shaken infant syndrome” constitutes ineffective assistance of counsel; and (2) whether the prosecutor’s closing argument deprived Ellison of due process.*fn2 We find no deprivation of federal rights and affirm the district court’s decision denying the petition.

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