U.S. EX REL. NISTLER v. CHRANS

No. 89 C 4437.

720 F.Supp. 115 (1989)

UNITED STATES of America ex rel. Martin NISTLER, Petitioner, v. James CHRANS, Warden, Respondent.

United States District Court, N.D. Illinois, Eastern Division.

September 15, 1989.


Attorney(s) appearing for the Case

Edward M. Genson, Genson, Steinback & Gillespie, Chicago, Ill., for petitioner.

Terence Madsen, Asst. Atty. Gen., Crim. Appeals Div., Chicago, Ill., for respondent.


MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

This case presents a rare instance where a federal court may have to bridle the discretion granted to a state trial judge by the state itself — discretion which, in most cases, this court could not properly constrain. The record here reveals a state court decision which may be arbitrary, as the state has not presented any valid rationale for it.

According to the briefs and exhibits filed...

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