UNITED STATES EX REL. MILLER v. McGINNIS

Nos. 83-3037, 84-2166.

774 F.2d 819 (1985)

UNITED STATES of America ex rel. William J. MILLER, Petitioner-Appellant, v. Kenneth McGINNIS & Attorney General of the State of Illinois, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 4, 1985.


Attorney(s) appearing for the Case

Robert P. Burns, Northwestern University Legal Clinic, Chicago, Ill., for petitioner-appellant.

Jack Donatelli, Illinois Atty. Gen., Chicago, Ill., for respondent-appellee.

Before COFFEY and FLAUM, Circuit Judges, and WYATT, Senior District Judge.


COFFEY, Circuit Judge.

The petitioner, William J. Miller, appeals from the decision of the district court granting his habeas corpus petition, and at the same time permitting the state of Illinois to vacate a portion of Miller's sentence rather than allowing Miller to withdraw his plea of guilty and enter a not guilty plea. Upon a review of the record, we affirm the district court's decision finding that Miller's constitutional rights were violated when the trial...

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