UNITED STATES EX REL. FALCONER v. PATE

No. 70 C 1801.

319 F.Supp. 206 (1970)

UNITED STATES of America ex rel. Ophem FALCONER, Petitioner, v. Frank J. PATE, Warden, Illinois State Penitentiary, Respondent.

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

November 13, 1970.


Attorney(s) appearing for the Case

Ophem Falconer, pro se.

William J. Scott, Atty. Gen. of Ill., Warren K. Smoot, Melbourne A. Noel, Jr., Asst. Attys. Gen., Criminal Justice Div., for the State.


MEMORANDUM OPINION

WILL, District Judge.

Petitioner is presently incarcerated in the Illinois State Penitentiary, Joliet, Illinois, serving a term of 75 to 100 years for the offense of murder. He and his co-defendant, Ronald Doss, were tried and convicted by a jury in the Circuit Court of the Seventeenth Judicial Circuit, County of Winnebago, on July 17-20, 1967. The Illinois Supreme Court, although vacating the death sentence originally imposed by the jury...

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