Legal Opinion

United States Ex Rel. Smith v. Sternes

District Court, N.D. Illinois

Decided November 1, 2001No. 00 C 7096Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

GETTLEMAN, District Judge.

Petitioner Alonzo Smith has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has filed a motion to dismiss the petition as time-barred by the Antiterrorism and Effective Death Penalty Act of 1996 (“the AEDPA”), 28 U.S.C. § 2244(d). For the reasons explained below, respondent’s motion is denied.

DISCUSSION

Petitioner was convicted of murder, home invasion and armed robbery on July 12, 1984. Thereafter, petitioner was sen tenced to concurrent terms of 40 years for murder and 20 years each for home invasion…

2Cases cited6 opinions

  1. Artuz v. BennettSupreme Court of the United States · 2000
  2. Willie Freeman v. James H. Page, Warden, Stateville Correctional CenterCourt of Appeals for the Seventh Circuit · 2000
  3. Randall Gendron v. United States of America, Randall Gendron v. United States of America, James P. Glass v. Rodney J. AhitowCourt of Appeals for the Seventh Circuit · 1998
  4. Darnell Tinker v. Craig HanksCourt of Appeals for the Seventh Circuit · 1999
  5. United States Ex Rel. Gonzalez v. DeTellaDistrict Court, N.D. Illinois · 1998

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