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U.S. EX REL. VANSKIKE v. O'LEARY

No. 88 C 9682.

719 F.Supp. 659 (1989)

UNITED STATES of America ex rel. Daniel VANSKIKE, Petitioner, v. Michael O'LEARY, Michael P. Lane, and Neil F. Hartigan, Respondents.

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

June 16, 1989.

Attorney(s) appearing for the Case

Standish E. Willis, Federal Defender Program, Chicago, Ill., for respondents.

Michael J. Singer, Asst. Atty. Gen., Chicago, Ill., for petitioner.

MEMORANDUM OPINION AND ORDER

HART, District Judge.

Daniel Vanskike has petitioned this court for a writ of habeas corpus claiming that the Circuit Court of Randolph County, Illinois convicted him of a crime that does not exist under the laws of Illinois. The state has moved to dismiss the petition arguing (1) Vanskike has not exhausted his state court remedies, (2) his claim is not a constitutional claim cognizable in a federal habeas corpus petition, and...

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