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SMITH v. CADAGIN

No. 89-1666.

902 F.2d 553 (1990)

Michael T. SMITH, Petitioner-Appellee, v. Honorable Richard J. CADAGIN, as Judge of the Seventh Judicial Circuit, Morgan County, Illinois and Robert Burdine, Chief Probation Officer of Morgan County, Illinois, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided May 14, 1990.

Attorney(s) appearing for the Case

Timothy M. Gabrielsen, States Attys., Appellate Service Com'n, Springfield, Ill., for petitioner-appellee.

Douglas K. Smith, Asst. Atty. Gen., Criminal Appeals Div., Springfield, Ill., Timothy P. Olson, Office of the States Atty., Jacksonville, Ill., for respondents-appellants.

Before FLAUM, RIPPLE, and MANION, Circuit Judges.

RIPPLE, Circuit Judge.

On May 7, 1986, Michael Smith was convicted of intimidation and unlawful restraint in violation of Ill.Rev.Stat., ch. 38, paras. 12-6(a)(1) and 10-3(a). His conviction was affirmed on appeal, and the Illinois Supreme Court denied leave to appeal. Mr. Smith then filed a petition for habeas corpus relief in the United States District Court for the Central District of Illinois. On February 28, 1989, the district court granted the writ. ...

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