United States Ex Rel. Mota v. Fairman

MEMORANDUM OPINION AND ORDER

PLUNKETT, District Judge.

Petitioner, Ernest A. Mota (“Mota”) brought this petition for habeas corpus relief, seeking a remand to the state court for a new sentencing hearing. Presently before the court are the parties’ cross-motions for summary judgment. For the reasons set forth below, Mota’s motion is granted and, accordingly, Respondent’s motion is denied.

The facts are not in dispute. In August 1982, Mota committed an armed robbery of a restaurant in Calumet City, Illinois. Holding eleven people at bay, Mota robbed the store of $7,000 and then took one of the…