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UNITED STATES EX REL. STEWART v. SCOTT

No. 79 C 1829.

501 F.Supp. 53 (1980)

UNITED STATES of America ex rel. Thomas STEWART, Petitioner, v. William J. SCOTT, Attorney General of the State of Illinois, Richard Elrod, Sheriff of Cook County, and Hon. Richard Fitzgerald, Chief Judge, Criminal Division, Circuit Court of Cook County, Illinois, Respondents.

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

September 8, 1980.

Attorney(s) appearing for the Case

Shelly Waxman & Associates, Robert K. Mayer, Chicago, Ill., for petitioner.

Thomas E. Holum, Timothy B. Newitt, Asst. Attys. Gen., Chicago, Ill., for respondents.

MEMORANDUM OPINION AND ORDER

CROWLEY, District Judge.

The petitioner, Thomas Stewart, seeks a writ of habeas corpus under 28 U.S.C. § 2254, challenging the constitutionality of his conviction in the Circuit Court of Cook County. Respondents have moved for summary judgment. Petitioner requests an evidentiary hearing or, alternatively, summary judgment in his favor.

Stewart was tried and convicted on two counts of armed robbery by a jury and sentenced...

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