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DAVIS v. WARDEN, JOLIET CORR. INST. AT STATEVILLE

No. 88-1590.

867 F.2d 1003 (1989)

Hursey DAVIS, Petitioner-Appellee, v. WARDEN, JOLIET CORRECTIONAL INSTITUTION AT STATEVILLE; Michael Lane, Director, Department of Corrections, State of Illinois, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 1, 1989.

Attorney(s) appearing for the Case

William P. Postorius, Ill., Atty. Gen. Office, Chicago, Ill. for respondents-appellants.

Peter J. Schmiedel, People's Law Foce., Chicago, Ill., for petitioner-appellee.

Before BAUER, Chief Judge, WOOD, Jr., and FLAUM, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge.

Hursey Davis, a black prisoner convicted of attempted murder and theft by an all-white jury, claimed that the Cook County jury selection system violated his constitutional right to a jury selected from a fair cross section of the community. Both the respondent and Davis moved for summary judgment. The district court granted Hursey Davis's petition for writ of habeas corpus on the motion for summary judgment; the respondent appeals...

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