United States ex rel. Durham v. O'Leary

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Petitioner John Durham seeks habeas relief pursuant to 28 U.S.C. § 2254 from his attempted murder conviction and sentence of natural life imprisonment without parole. For the reasons stated herein, the petition is denied.

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Set forth below are those portions of the trial evidence pertinent to our decision. After a bench trial in the Circuit Court of Cook County, Durham was convicted of attempted murder. The state relied primarily on the testimony of the victim Steven Phillips. Phillips testified that at 4:30 a.m. the morning of December 20,…