United States ex rel. Lavis v. O'Leary

MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

Petitioner James Lavis (“Petitioner”) seeks a writ of habeas corpus. He claims that the State of Illinois (“the State”) violated his Fifth and Fourteenth Amendment rights by questioning him after he had requested counsel, and that the State appellate court erred in ruling that admitting his inculpatory statements into evidence constituted harmless error at his trial. For the reasons set forth below, the petition for habeas relief will be granted.

FACTS

On October 2, 1984, Petitioner was found guilty of robbery by a jury in Cook County,…