United States of America, Ex Rel. Orris Ballard, Lawrence Ballard, Serge Gaudry v. Paul Bengston, Sheriff of Winnebago County

This appeal from the denial of a petition for a writ of habeas corpus raises two issues: (1) whether, in an indictment charging theft by deception, the absence of any details as to the nature of the deceptive scheme employed rendered the indictment unconstitutionally vague; and (2) whether the trial judge’s denial of a motion to withdraw as counsel on conflict of interests grounds violated petitioners’ sixth amendment right to the effective assistance of counsel. For the following reasons, we reverse in part and remand for further proceedings not inconsistent with the views expressed herein.

I.…