WELSH v. MIZELL

No. 80-1862.

668 F.2d 328 (1982)

Gary WELSH, Petitioner-Appellant, v. Larry MIZELL, Warden, Vienna Correctional Center, Vienna, Illinois, and Tyrone C. Fahner, Attorney General of the State of Illinois, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 12, 1982.

Rehearing and Rehearing Denied February 10, 1982.


Attorney(s) appearing for the Case

Jerold S. Solovy, Laura A. Kaster, Brigitte Schmidt Bell, Jenner & Block, Chicago, Ill., for petitioner-appellant.

Ronald Lee Bell, Asst. Atty. Gen., Tyrone C. Fahner, Atty. Gen., Chicago, Ill., for respondents-appellees.

Before CUMMINGS, Chief Judge, SWYGERT, Senior Circuit Judge, and BAUER, Circuit Judge.


Rehearing and Rehearing En Banc Denied February 10, 1982.

CUMMINGS, Chief Judge.

Gary Welsh is a prisoner at the Illinois Correctional Center in Vienna, Illinois. The murder of which he was convicted was committed in 1962, but Welsh was not competent to stand trial until 1973. At that time he was sentenced in the Circuit Court of McHenry County to a prison term of sixty to one hundred years. His direct appeal was denied, People v. Welsh,

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