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LUCIEN v. BRILEY

No. 92922.

821 N.E.2d 1148 (2004)

213 Ill.2d 340

290 Ill.Dec. 574

Rudolph LUCIEN, Appellee, v. Kenneth R. BRILEY, Warden, Appellant.

Supreme Court of Illinois.

Rehearing Denied January 24, 2005.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield (Gary Feinerman, Solicitor General, and Linda D. Woloshin and Jay Paul Hoffmann, Assistant Attorneys General, Chicago, of counsel), for appellant.

Steven A. Block, of Butler, Rubin, Saltarelli & Boyd, L.L.P., and James A. Cherney and Gregory A. Sager, of Latham & Watkins, L.L.P., Chicago, for appellee.

Justice GARMAN delivered the opinion of the court:

Plaintiff, Rudolph Lucien, sought an order of habeas corpus, naming Kenneth R. Briley, warden of the Stateville Correctional Facility, as defendant. See 735 ILCS 5/10-101 et seq. (West 2000). Plaintiff alleged his extended-term sentence was unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and he was therefore entitled...

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