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UNITED STATES EX REL. BILYEW v. FRANZEN

No. 81-1669.

686 F.2d 1238 (1982)

UNITED STATES of America ex rel. John William BILYEW, Petitioner-Appellant, v. Gayle FRANZEN, Director, Department of Corrections, State of Illinois, and James Greer, Warden, Menard Correctional Center, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 17, 1982.

Rehearing and Rehearing Denied September 16, 1982.

Attorney(s) appearing for the Case

Michael Mulder, Valparaiso University School of Law, Clinical Program, Vaparaiso, Ind., for petitioner-appellant.

Michael B. Weinstein, Asst. Atty. Gen. of Ill., Crim. Justice Div., Chicago, Ill., for respondents-appellees.

Before CUMMINGS, Chief Judge, PELL, Circuit Judge, and GRANT, Senior District Judge.

Rehearing and Rehearing En Banc Denied September 16, 1982.

CUMMINGS, Chief Judge.

John Bilyew's petition for habeas corpus alleges that he was denied due process because the Illinois trial court placed on him the burden of proving that he was unfit to stand trial. At the time of Bilyew's conviction Illinois law provided that "[t]he burden of proving the defendant is not fit is on the defendant if he raises the question * * *." Ill.Rev.Stat. ch. 38, §...

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