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PEOPLE v. KERNEY

No. 85-1666.

168 Ill. App.3d 72 (1988)

522 N.E.2d 229

THE PEOPLE OF THE STATE OF ILLINOIS, Respondent-Appellee, v. JAMES KERNEY, Petitioner-Appellant.

Appellate Court of Illinois — First District (5th Division).

Opinion filed March 11, 1988.

Attorney(s) appearing for the Case

Steven Clark and Deborah Liebow, both of State Appellate Defender's Office, of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Joan S. Cherry, James E. Fitzgerald, and Michael J. O'Brien, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

JUSTICE MURRAY delivered the opinion of the court:

Petitioner James Kerney appeals from an order of the circuit court of Cook County dismissing his post-conviction petition pursuant to section 122-2.1(a) of the Post-Conviction Hearing Act (the Act) (Ill. Rev. Stat. 1985, ch. 38, par. 122-2.1(a)). On appeal, petitioner contends: (1) the trial court erred in dismissing his petition in which he alleged denial of his constitutional right...

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