People Ex Rel. Daley v. Fitzgerald

The petitioner, Richard M. Daley, the State’s Attorney of Cook County, has brought this original action seeking a writ of mandamus or prohibition or, in the alternative, a supervisory order to compel the respondent, Judge Thomas R. Fitzgerald, to vacate certain orders entered by him on January 29, 1987, and February 9, 1987.

The orders complained of were entered with respect to an action initiated under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1985, ch. 38, pars. 122—1 through 122—8) by Larry E. Davis in the circuit court of Cook County. After Davis filed the post-conviction petition,…