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U.S. EX REL. GOMEZ v. SCHOMIG

No. 01 C 7192.

203 F.Supp.2d 925 (2002)

UNITED STATES of America ex rel. Ariel GOMEZ, Petitioner, v. James M. SCHOMIG, Respondent.

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

May 14, 2002.

Attorney(s) appearing for the Case

Thomas M. Peters, Chicago, IL, for Petitioner.

Chief of Criminal Appeals, Illinois Attorney General's Office, Chicago, IL, for Respondent.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

At least one Illinois court has held that Ariel Gomez is not guilty of murder, but he is currently serving a thirty-five year sentence for that crime. He petitions for a writ of habeas corpus, 28 U.S.C. § 2254, asking for a new trial. The state has filed an answer, and Mr. Gomez a reply, but there are questions that require further briefing.

I.

On June 13, 1997, the night...

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