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PEOPLE v. NEAL

No. 82556.

689 N.E.2d 1040 (1997)

179 Ill.2d 541

228 Ill.Dec. 619

The PEOPLE of the State of Illinois, Appellee, v. Johnny NEAL, Jr., Appellant.

Supreme Court of Illinois.

Rehearing Denied February 2, 1998.

Attorney(s) appearing for the Case

Alan M. Freedman, Midwest Center for Justice, Ltd., Chicago, for Johnny Neal, Jr.

Jim Ryan, Attorney General, Criminal Appeals Div., Chicago, State's Attorney Lake County, Waukegan, Steven R. Splitt, Assistant Attorney General, Chicago, for the People.

Justice HARRISON delivered the opinion of the court:

The issue in this appeal is whether the defendant, Johnny Neal, Jr., is entitled to relief under the Post-Conviction Hearing Act (725 ILCS 5/122-1 et seq. (West 1994)) or the habeas corpus provisions of the Code of Civil Procedure (735 ILCS 5/10-101 et seq. (West 1994)) on the grounds that he was convicted of murder and armed robbery and sentenced to death without having first received a fitness...

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