UNITED STATES EX REL. JOHNSON v. DeROBERTIS

No. 82-2105.

718 F.2d 209 (1983)

UNITED STATES of America, ex rel. Richard A. JOHNSON, Petitioner-Appellee, v. Richard DeROBERTIS, Warden, Stateville Correctional Center, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 17, 1983.

Opinion September 23, 1983.


Attorney(s) appearing for the Case

Sue A. Herrmann, Chicago, Ill., for petitioner-appellee.

Michael B. Weinstein, Deputy Atty. Gen., Chicago, Ill., for respondent-appellant.

Before PELL and ESCHBACH, Circuit Judges, and VAN PELT, Senior District Judge.


ESCHBACH, Circuit Judge.

The petitioner brought this habeas corpus action to have a plea agreement specifically enforced. The district court granted summary judgment to the petitioner and the respondent appeals pursuant to 28 U.S.C. § 2253. Finding that the key factual issue is in dispute, we reverse the district court's judgment and remand the case for an evidentiary hearing.

I.

In the Circuit Court of Cook County the petitioner was charged...

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