SMITH v. DeROBERTIS

No. 84-1716.

758 F.2d 1151 (1985)

Terrance SMITH, Petitioner-Appellant, v. Richard DeROBERTIS, Warden, and Neil F. Hartigan, Attorney General of Illinois, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 27, 1985.


Attorney(s) appearing for the Case

Terrance Smith, pro se.

Sally L. Dilgart, Asst. Atty. Gen., Chicago, Ill., for respondents-appellees.

Before BAUER, WOOD and POSNER, Circuit Judges.


POSNER, Circuit Judge.

The question for decision is whether the simultaneous trial of two criminal defendants in the same state courtroom before two juries (one determining the guilt of each defendant) violates the due process clause of the Fourteenth Amendment. The district court in this habeas corpus proceeding held that it did not, and the petitioner, Smith, appeals.

Smith and Bell were charged with murder and other crimes arising from a home invasion,...

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