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PERRY v. FAIRMAN

Nos. 81-2479, 82-1630.

702 F.2d 119 (1983)

Tyrone PERRY, Petitioner-Appellant, v. J.W. FAIRMAN and Tyrone Fahner, Respondents-Appellees. Carl D. ADAMS, Petitioner-Appellant, v. J.W. FAIRMAN and Tyrone Fahner, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 16, 1983.

Attorney(s) appearing for the Case

Michael B. Nash, Chicago, Ill., for petitioners-appellants.

Ellen M. Flaum, Michael V. Accettura, Asst. Attys. Gen., Chicago, Ill., for respondents-appellees.

Before CUMMINGS, Chief Judge, and WOOD and ESCHBACH, Circuit Judges.

ESCHBACH, Circuit Judge.

In these two appeals we are asked to decide whether the district court correctly dismissed the petitions for writs of habeas corpus because the petitioners have not exhausted presently available state remedies. To decide these appeals, we must examine the Illinois post-conviction statute, Ill.Rev. Stat. ch. 38, § 122-1, and the case law interpreting this provision. In the appeal of Tyrone Perry (No. 81-2479) we conclude that the petitioner...

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