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U.S. EX REL. EVERETTE v. ROTH

No. 92 C 3098.

808 F.Supp. 1332 (1992)

UNITED STATES of America, ex rel. Donald EVERETTE, Petitioner, v. Thomas ROTH, Warden, Sheridan Correctional Center, Illinois Department of Corrections, and Roland W. Burris, Attorney General of the State of Illinois, Respondents.

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

November 16, 1992.

Attorney(s) appearing for the Case

Glenn E. Heilizer, Joel J. Africk, Jenner & Block, Chicago, IL, for petitioner.

Thomas Lee Ciecko, Terence Madsen, Illinois Atty. General's Office, Chicago, IL, for respondents.

MEMORANDUM AND ORDER

MORAN, Chief Judge.

On May 29, 1987, a Cook County jury found petitioner Donald Everette guilty of murder for the shooting death of Johnny Island. At trial, Everette admitted shooting Island, but maintained that he had drawn his gun in self-defense and, further, that the gun had discharged accidentally. The trial court instructed the jury that the accidental firing of a gun could not constitute murder, but the court refused to instruct...

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