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UNITED STATES EX REL. ENOCH v. LANE

No. 83 C 4303.

581 F.Supp. 423 (1984)

UNITED STATES of America ex rel. Jimmie ENOCH, Melvin Enoch, and Robert Enoch, Petitioners, v. Michael LANE, Director of Department of Corrections, State of Illinois, Respondent.

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

February 23, 1984.

Attorney(s) appearing for the Case

James Doherty, Cook County Public Defender, Jeffrey R. Martin, Asst. Public Defender, Chicago, Ill., for petitioners.

Michael Accettura, Asst. Atty. Gen., Chicago, Ill., for respondent.

MEMORANDUM OPINION

PRENTICE H. MARSHALL, District Judge.

In this habeas corpus case we address an issue of apparent first impression in this circuit: whether it is constitutionally permissible in a state criminal prosecution for the trial judge to refuse to permit a material defense witness to testify because the witness was not listed on the defense's pretrial witness list submitted in response to the prosecution's discovery request.

Petitioners...

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