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PEOPLE EX REL. MARTIN v. STRAYHORN

No. 47777.

62 Ill.2d 296 (1976)

342 N.E.2d 5

THE PEOPLE ex rel. LARRY MARTIN, Petitioner, v. EARL E. STRAYHORN, Circuit Judge, et al., Respondents.

Supreme Court of Illinois.

Opinion filed January 26, 1976.

Attorney(s) appearing for the Case

Gary H. Palm, Robert H. Smith, and Mark C. Zaander (law student), of Mandel Legal Aid Clinic, of Chicago, for petitioner.

William J. Fitzpatrick, Assistant Chief Counsel, and Maureen Mudron, Staff Counsel, of Chicago, for respondent Department of Mental Health and Developmental Disabilities.

James J. Doherty, Public Defender, of Chicago (Robert P. Isaacson and John Thomas Moran, Assistant Public Defenders, of counsel), amicus curiae.

Petitioner remanded.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court:

We granted leave to petitioner, Larry Martin, to file an original action for habeas corpus (Ill. Rev. Stat. 1973, ch. 110A, par. 381(a)) seeking to require respondents, Earl E. Strayhorn, a judge of the circuit court of Cook County, and Director Leroy P. Levitt, to release petitioner from the custody of the Illinois Department...

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