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PEOPLE v. MARSAN

No. 1-92-3128.

637 N.E.2d 540 (1994)

264 Ill.App.3d 870

202 Ill.Dec. 1

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Vladimir MARSAN, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

June 22, 1994.

Attorney(s) appearing for the Case

Public Defender Rita A. Fry, Asst. Public Defender Mark Floyd Pasterski, of counsel, Chicago, for appellant.

State's Atty. Jack O'Malley, Asst. State's Attys. Renee Goldfarb, James E. Fitzgerald, of counsel, Chicago, for appellee.

Presiding Justice TULLY delivered the opinion of the court:

Defendant, Vladimir Marsan, appeals from an order of the circuit court of Cook County dismissing, without an evidentiary hearing, his petition for post-conviction relief. Defendant contests the propriety of the circuit court's decision, claiming that his petition alleged an unconstitutional ex parte communication between the judge and the jury which was sufficient to withstand a motion to dismiss and...

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