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PEOPLE EX REL. DALEY v. STRAYHORN

No. 63322.

121 Ill.2d 470 (1988)

521 N.E.2d 864

THE PEOPLE ex rel. RICHARD M. DALEY, State's Attorney, Petitioner, v. EARL E. STRAYHORN, Judge, et al., Respondents.

Supreme Court of Illinois.

Opinion filed March 23, 1988.

Attorney(s) appearing for the Case

Richard M. Daley, State's Attorney, of Chicago (Thomas V. Gainer, Jr., and Timothy W. Heath, Assistant State's Attorneys, of counsel), for the People.

Richard S. Kling, of Chicago, for respondent Hon. Earl E. Strayhorn.

James J. Doherty, Public Defender, of Chicago (James N. Perlman, Assistant Public Defender, of counsel), for respondent Manuel Zarco.

Writ awarded.

JUSTICE MILLER delivered the opinion of the court:

The respondent, Earl Strayhorn, a judge in the circuit court of Cook County, sentenced the defendant, Manuel Zarco, also a respondent in this proceeding, to 40 years' imprisonment for murder. Although the defendant had previously been convicted of second degree murder in Rhode Island for a different slaying, the respondent trial judge refused the prosecutor's request to hold a death penalty hearing...

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