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U.S. EX REL. SMITH v. COWAN

No. 00 C 1814.

123 F.Supp.2d 1117 (2000)

UNITED STATES of America ex rel. Clayborn SMITH, Petitioner, v. Roger COWAN, Warden, Menard Correctional Center, Respondent.

United States District Court, N.D. Illinois, Eastern Division.

November 6, 2000.

Attorney(s) appearing for the Case

Clayborn Smith, Menard, IL, for petitioner.

Michael Hoard, Assistant Attorney General, Chicago, IL, Chief of Criminal Appeals, Office of the Attorney General, Chicago, IL, for respondent.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Clayborn Smith filed a petition for a writ of habeas corpus on March 24, 2000. The State filed a motion to dismiss Mr. Smith's petition as untimely, which I deny.

I.

Mr. Smith was convicted of murdering of his great aunt and his grandfather on October 17, 1992. The Illinois Appellate Court affirmed his conviction on October 28, 1996. He had twenty-one days, or until November 18...

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