FAIRCLOTH v. STERNES

No. 2-05-0736.

853 N.E.2d 878 (2006)

Edward R. FAIRCLOTH, Petitioner-Appellant, v. Jerry L. STERNES, Warden, Dixon Correctional Center, Respondent-Appellee.

Appellate Court of Illinois, Second District.

August 1, 2006.


Attorney(s) appearing for the Case

James P. Chapman, Chicago, for Edward R. Faircloth.

Lisa Madigan, Attorney General, Gary S. Feinerman, Solicitor General, Linda D. Woloshin, Anne S. Bagby, Assistant Attorney Generals, Chicago, for Nedra Chandler, Warden at Dixon Correctional, and Jerry L. Sternes.


Justice GILLERAN JOHNSON delivered the opinion of the court:

The petitioner, Edward Faircloth (the defendant), appeals from the June 30, 2005, order of the circuit court of Lee County denying his petition for habeas corpus relief. On appeal, the defendant challenges the constitutionality of the drug-induced-homicide statute (Ill.Rev. Stat.1989, ch. 38, par. 9-3.3(a) (now 720 ILCS 5/9-3.3(a) (West 2004))). We affirm.

I. BACKGROUND

Between September...

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