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U.S. EX REL. GLADNEY v. PETERS

No. 91 C 5037.

790 F.Supp. 1364 (1992)

UNITED STATES of America ex rel. David GLADNEY, Petitioner, v. Howard PETERS, Director, Department of Corrections, Respondent.

United States District Court, N.D. Illinois, E.D.

March 5, 1992.

Attorney(s) appearing for the Case

Jeffrey M. Howard, Cook County Public Defenders Office, Chicago, Ill., for petitioner.

Terence Madsen, Illinois Atty. General's Office, Chicago, Ill., for respondent.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Presently before this court is David Gladney's petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. Gladney's sole assertion is that he was denied due process of law because the instructions given to the jury at trial allowed the jury to return a verdict of murder despite findings that should have resulted in a verdict of voluntary manslaughter...

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