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U.S. EX REL. SMITH v. CADAGIN

No. 87-3391.

707 F.Supp. 387 (1989)

UNITED STATES of America ex rel. Michael T. SMITH, Petitioner, v. Honorable Richard J. CADAGIN, as Judge of the Seventh Judicial Circuit, Morgan County, Illinois; Robert Burdine, Chief Probation Officer of Morgan County, IL, Respondents.

United States District Court, C.D. Illinois, Springfield Division.

February 28, 1989.

Attorney(s) appearing for the Case

Timothy M. Gabrielsen, State Appellate Defender, Springfield, Ill., for petitioner.

Neil F. Hartigan, Atty. Gen., Douglas K. Smith, Asst. Atty. Gen., Springfield, Ill., for respondents.

OPINION

RICHARD MILLS, District Judge:

Habeas Corpus.

Writ to issue.

Michael T. Smith has petitioned this Court — pursuant to 28 U.S.C. § 2254 — to issue a writ of Habeas Corpus ordering Respondents to free him from the custody of the fine, restitution, costs and probation to which Petitioner was sentenced.

Petitioner claims that during cross-examination of Petitioner, the prosecutor violated the rule of Doyle...

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