Banks, Larry M. v. People State IL

ORDER

In November 2006 Larry Banks was indicted in Illinois state court on fourteen different charges, including four counts of attempted first-degree murder. While being held at the Elgin Mental Health Center awaiting trial, Banks filed what he styled as a petition for a writ of mandamus, see 28 U.S.C. §§ 1361, 1651, in federal district court. He argued only that the state prosecution violates his rights under the Illinois constitution, and that accordingly the federal court should intervene and stop the ongoing state proceedings. The district court allowed Banks to proceed informa pauperis…