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THOMAS v. GREER

No. 3-88-0360.

200 Ill. App.3d 202 (1989)

553 N.E.2d 768

MELVIN THOMAS, Plaintiff-Appellee, v. JIM GREER, Warden, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Rehearing allowed January 22, 1990.

Modified opinion filed March 30, 1990.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Robert J. Ruiz, Solicitor General, of Chicago, Douglas K. Smith, Assistant Attorney General, of Springfield, and Terence M. Madsen, Assistant Attorney General, of Chicago, of counsel), for appellant.

Mark D. Fisher, of State Appellate Defender's Office, of Ottawa, for appellee.

Reversed and remanded.

JUSTICE BARRY delivered the opinion of the court:

Warden Jim Greer of Menard Correctional Center appeals from an order of the circuit court of Peoria County granting a petition by Melvin Thomas for habeas corpus relief and ordering that Thomas be released from custody.

Thomas was originally sentenced to a term of two to six years in the Illinois Department of Corrections in 1977 by the circuit court of Knox County following...

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