U.S. EX REL. BERRY v. MONAHAN

No. 87 C 1328.

681 F.Supp. 490 (1988)

UNITED STATES of America ex rel. Bruce S. BERRY and Richard S. Gore, Petitioners, v. Thomas J. MONAHAN, Director, Cook County Department of Corrections and Neil F. Hartigan, Attorney General of the State of Illinois, Respondents.

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

February 8, 1988.


Attorney(s) appearing for the Case

Robert M. Stephenson, James R. Streicker, Margaret L. Paris, William J. Martin, Cotsirilos & Crowley, Ltd., Chicago, Ill., for petitioners.

Mark Rotert, Asst. Atty. Gen., Crim. Appeals Div., Chicago, Ill., for respondents.


MEMORANDUM OPINION AND ORDER

ANN C. WILLIAMS, District Judge.

Pursuant to 28 U.S.C. § 2254, Bruce Berry and Richard Gore petition this court for a writ of habeas corpus liberating them from a three-month sentence imposed by the Illinois Supreme Court for direct criminal contempt of court. The novel issue presented by this case is whether a court, in the face of an individual's refusal to comply with a court order on the basis of the fifth amendment...

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