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PEOPLE v. EHLERS

No. 2-98-0060.

703 N.E.2d 539 (1998)

301 Ill. App.3d 186

234 Ill.Dec. 678

The PEOPLE of the State of Illinois, Plaintiff, v. Anthony EHLERS, Defendant (The Department of Corrections, Intervenor-Appellant).

Appellate Court of Illinois, Second District.

Rehearing Denied December 28, 1998.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Barbara A. Preiner, Solicitor General, and Michael P. Doyle, Assistant Attorney General, Chicago, for Department of Corrections.

Paul T. Whitcomb, Thompson & Whitcomb, Dixon, for Anthony Ehlers.

Justice COLWELL delivered the opinion of the court:

Defendant, Anthony Ehlers, was convicted of first degree murder, sentenced to death, and imprisoned in Menard Correctional Center (Menard). Defendant moved to vacate his sentence and obtain a new sentencing hearing. He sought an order of habeas corpus ad testificandum (see 735 ILCS 5/10-135, 10-136 (West 1996)) for the hearing on his motion to vacate. The circuit...

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