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PHILLIPS v. LANE

Nos. 85-1699, 85-1890.

787 F.2d 208 (1986)

George PHILLIPS, Petitioner-Appellee, Cross-Appellant, v. Michael LANE, Director, Illinois Department of Corrections, and Steven Hardy, Warden, Menard Psychiatric Center, Respondents-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 20, 1986.

Attorney(s) appearing for the Case

Sally L. Dilgart, Office of Ill. Atty. Gen., Chicago, Ill., for respondents-appellants, cross-appellees.

David S. Morris, Morris & James, Chicago, Ill., for petitioner-appellee, cross-appellant.

Before CUMMINGS, Chief Judge, and BAUER and POSNER, Circuit Judges.

POSNER, Circuit Judge.

The district court granted habeas corpus to George Phillips, a state prisoner, and ordered the state to release him unless it retries him; if it does retry him it will first have to conduct a hearing to determine whether he is mentally competent to stand trial. See 580 F.Supp. 839 (N.D.Ill.1984). The basis of this ruling is that the state judge who presided at Phillips' fitness hearing (actually a "fitness...

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