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UNITED STATES EX REL. TONALDI v. ELROD

No. 85 C 1780.

613 F.Supp. 768 (1985)

UNITED STATES of America ex rel. Ronald TONALDI, Petitioner, v. Richard J. ELROD, Sheriff of Cook County, State of Illinois, and Neil Hartigan, Attorney General of the State of Illinois, Respondents.

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

July 1, 1985.

Attorney(s) appearing for the Case

Julius L. Echeles, Chicago, Ill., for petitioner.

Mark Rotert, Asst. Atty. Gen., Scott Mayer, Asst. State's Atty., Chicago, Ill., for respondents.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

This is the second petition for a writ of habeas corpus that Ronald Tonaldi ("Tonaldi") has filed to vacate his state conviction for possession of more than 30 grams of cocaine. Tonaldi asserts that his trial counsel was incompetent, and that he was therefore denied his Sixth Amendment right to effective representation. Respondents ("the State") have moved to dismiss the petition, arguing mainly that Tonaldi...

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