MEMORANDUM OPINION
BRIAN BARNETT DUFF, District Judge.
This case comes before this court on a Petition for Writ of Habeas Corpus ("Petition") ordering the release from custody or retrial of Petitioner, William Carson ("Petitioner"), pursuant to 28 U.S.C. § 2254. The Respondent, Howard A. Peters, III, the Director of the Illinois Department of Corrections ("Respondent") has filed an answer to the Petition and moves that it should be denied.
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