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U.S. EX REL. HARRIS v. SHAW

No. 07 C 1578.

681 F.Supp.2d 937 (2010)

UNITED STATES of America ex rel. James HARRIS, Petitioner, v. Frank SHAW, Warden, Stateville Correctional Center, Respondent.

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

January 13, 2010.

Attorney(s) appearing for the Case

Geneva Lynette Penson, Office of the State Appellate Defender, Chicago, IL, for Petitioner.

Erica R. Seyburn, Illinois Attorney General's Office, Chicago, IL, Chief of Criminal Appeals, Attorney General's Office, for Respondents.

OPINION AMP ORDER

WILLIAM T. HART, District Judge.

I. PROCEDURAL BACKGROUND

A. State Court Proceedings

During the early morning hours of February 10, 1983, Jesse James, Sr., the owner of a tavern located on the south side of Chicago, and Theresa Woods, a waitress at the tavern, were robbed at gunpoint shortly after closing the tavern. During the robbery, James was shot to death and Woods was shot in the shoulder....

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