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U.S. EX REL. FREE v. PETERS

No. 89 C 3765.

806 F.Supp. 705 (1992)

UNITED STATES of America ex rel. James P. FREE, Jr., Petitioner, v. Howard PETERS, III, Michael P. Lane and Neil F. Hartigan, Respondents.

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

September 24, 1992.

Attorney(s) appearing for the Case

Kimbal Richard Anderson, Winston & Strawn, Chicago, Ill., for petitioner.

Vincenzo Chimera, Paula J. Giroux, Arleen C. Anderson, Illinois Attorney General's Office, Jack Donatelli, U.S. Attorney's Office, Richard Schwind, Attorney General's Office, Chicago, Ill., for respondents.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Today we resolve the following challenges to the constitutionality of the Illinois death penalty scheme, Ill.Rev.Stat. ch. 38, ¶ 9-1: (1) that the statute and jury instructions impose a presumption in favor of death in violation of the Eighth and Fourteenth Amendments of the United States Constitution (Ground 5)1; (2) that the act is unconstitutionally vague and fails to...

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