Tyrone Perry v. J.W. Fairman and Tyrone Fahner, Carl D. Adams v. J.W. Fairman and Tyrone Fahner

ESCHBACH, Circuit Judge.

In these two appeals we are asked to decide whether the district court correctly dismissed the petitions for writs of habeas corpus because the petitioners have not exhausted presently available state remedies. To decide these appeals, we must examine the Illinois post-conviction statute, Ill.Rev. Stat. ch. 38, § 122-1, and the case law interpreting this provision. In the appeal of Tyrone Perry (No. 81-2479) we conclude that the petitioner can pursue a meaningful remedy in the state courts pursuant to the Illinois post-conviction statute; therefore we affirm the…