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UNITED STATES EX REL. MIRELES v. GREER

No. 81 C 4127.

528 F.Supp. 1122 (1981)

UNITED STATES of America ex rel. Jose MIRELES, Petitioner, v. James GREER, Warden, Menard Correctional Center, Illinois Department of Corrections, Respondent.

United States District Court, N. D. Illinois, E. D.

December 31, 1981.

Attorney(s) appearing for the Case

Michael Filipovic and Charles Hoffman, Asst. State Appellate Defenders, Ottawa, Ill., for petitioner.

Tyrone C. Fahner, Atty. Gen. of State of Ill. by Neal B. Goodfriend, Asst. Atty. Gen., Chicago, Ill., for respondent.

ORDER

BUA, District Judge.

Petitioner, Jose Mireles, was convicted of the offense of murder following a jury trial in the Circuit Court of Cook County on June 7, 1976. In his Petition for a Writ of Habeas Corpus, petitioner contends that he is being unconstitutionally detained in the Illinois State Penitentiary at Menard, Illinois. The alleged unconstitutional detention complained of arises from the failure of the state trial judge to sua sponte order...

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