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PEOPLE EX REL. CHAPMAN v. BRELJE

No. 73-94.

22 Ill. App.3d 193 (1974)

317 N.E.2d 402

THE PEOPLE ex rel. CURTIS CHAPMAN, Petitioner-Appellant, v. DR. TERRY B. BRELJE, Administrator of the Psychiatric Division of the State Penitentiary at Menard, Respondent-Appellee.

Appellate Court of Illinois — Fifth District.

September 4, 1974.

Attorney(s) appearing for the Case

Robert Farrell, of Mt. Vernon, and Allen L. Wiederer, of Chicago, both of State Appellate Defender's Office, for appellant.

Herbert J. Lantz, Jr., State's Attorney, of Chester (David P. Rau, Assistant State's Attorney, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE CREBS delivered the opinion of the court:

This is an appeal from an order of the Circuit Court of Randolph County dismissing a petition for a writ of habeas corpus for failure to state a cause of action. Petitioner contends that the trial court was in error not only in dismissing the petition without a hearing but also in failing to appoint a guardian ad litem to protect his interests.

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