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UNITED STATES EX REL. HOFFER v. MORROW

No. 85 C 9078.

626 F.Supp. 786 (1985)

UNITED STATES of America, ex rel. Donald HOFFER, Petitioner, v. Robert MORROW, et al., Respondents.

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

December 20, 1985.

Attorney(s) appearing for the Case

Randy K. Johnson, Dundee, Ill., Ralph Ruebner, The John Marshall Law School, Chicago, Ill., for petitioner.

State's Attorney of Kane County, Geneva, Ill., Jack Donatelli, Asst. Atty. Gen., Chicago, Ill., for respondents.

MEMORANDUM OPINION

GRADY, District Judge.

The facts involved in determining the merits of this habeas corpus petition are simple; the resolution of the legal issue involved is not.

Petitioner was tried in state court for shooting and killing Harold Peters. He was convicted of murder, voluntary manslaughter and involuntary manslaughter. The trial court entered judgment on the murder verdict and sentenced petitioner. On appeal, the appellate...

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