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U.S. EX REL. DANIEL v. PETERS

No. 91 C 6108.

789 F.Supp. 934 (1992)

UNITED STATES of America ex rel. Erwin DANIEL, Petitioner, v. Howard A. PETERS, III, Director Department of Corrections, State of Illinois, Respondent.

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

April 7, 1992.

Attorney(s) appearing for the Case

Erwin Daniel, pro se.

Evelyn Grace Baniewicz, Karen E. Tietz, Cook County Public Defender's Office, Chicago, Ill., for petitioner.

Steven Joseph Zick, Roland W. Burris, Illinois Atty. General's Office, Chicago, Ill., for respondent.

MEMORANDUM OPINION AND ORDER

HOLDERMAN, District Judge:

Erwin Daniel has petitioned the court for habeas corpus relief pursuant to 28 U.S.C. § 2254. Daniel's sole basis for relief is that the jury instructions given at trial on murder and voluntary manslaughter violated his due process rights under the Fifth and Fourteenth Amendments.

FACTS

Following a jury trial in the Circuit Court of Cook County, Daniel was convicted of murder and...

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