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UNITED STATES EX REL. EARLY v. MORRIS

No. 74 C 1777.

406 F.Supp. 582 (1975)

UNITED STATES of America ex rel. Frank EARLY, Petitioner, v. Ernest MORRIS, Superintendent of the Joliet Correctional Complex, Respondent.

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

December 23, 1975.

Attorney(s) appearing for the Case

Robert W. Hallock, Kirkland & Ellis, Chicago, Ill., for petitioner.

Bernard Carey, State's Atty., Cook County, William J. Scott, Atty. Gen., Chicago, Ill., for respondent.

MEMORANDUM DECISION

MARSHALL, District Judge.

An evidentiary hearing has now been held in this habeas corpus proceeding pursuant to our memorandum decision of March 17, 1975. 396 F.Supp. 827 (1975). It is clear from the evidence that facts were made known to the state trial court judge which showed a strong probability of petitioner's incompetence to plead guilty, making necessary, under the due process clause of the...

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