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U.S. EX REL. HARDING v. COWAN

No. 99 C 8211.

152 F.Supp.2d 995 (2001)

UNITED STATES of America, ex rel. Tod HARDING, Petitioner, v. Roger COWAN, Warden, Respondent.

United States District Court, N.D. Illinois, Eastern Division.

June 26, 2001.

Attorney(s) appearing for the Case

Tod Harding, Menard, IL, pro se.

Domenica A Osterberger, Chief of Criminal Appeals, Illinois Attorney General's Office, Chicago, IL, Michael Hoard, Lopez, Hoard & Affiliates, Ltd., Elgin, IL, for respondents.

MEMORANDUM OPINION AND ORDER

KENNELLY, District Judge.

FACTS & PROCEDURAL HISTORY

Tod Harding, his brother Gerald Harding and his cousin James Harland hatched a plan to steal guns from John Miller, the Hardings' uncle. The plan went awry, however, when they discovered that George Miller, Uncle John's mildly retarded son, was home when they got there. George was shot at least ten times and died. All three were eventually charged with...

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