U. S. EX REL. SMITH v. BRIERTON

No. 76 C 893.

424 F.Supp. 364 (1976)

UNITED STATES of America ex rel. Charles Richard SMITH, Petitioner, v. David H. BRIERTON, Respondent.

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

December 9, 1976.


Attorney(s) appearing for the Case

Robert D. Kreisman of Goldenson, Kiesler, Berman & Brenner, Chicago, Ill., for petitioner.

Laurence J. Bolan, Asst. State's Atty., Cook County, Chicago, Ill., for respondent.


MEMORANDUM OPINION

GRADY, District Judge.

Petitioner, convicted of murder in the Circuit Court of Cook County, seeks a writ of habeas corpus. He asserts that he was denied due process by the state's failure to give reciprocal discovery and by the trial court's refusal to suppress an identification resulting from an unduly suggestive identification procedure. The respondent moves to dismiss for failure to state a claim. We will grant the motion.

Because...

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