United States v. Warden, Pontiac State Correctional Center

MEMORANDUM DECISION

MARSHALL, District Judge.

Respondent’s motion for summary judgment in this habeas corpus action, 28 U.S.C. § 2254, presents the issue of whether the petitioner has deliberately by-passed state remedies, thus foreclosing federal collateral attack of his state criminal conviction.

In November 1971, petitioner Johnny Mack Brown was convicted of rape and burglary. The evidence of guilt is summarized in the opinion of the Appellate Court of Illinois, which affirmed both convictions but vacated the sentence for burglary. People v. Brown, 15 Ill.App.3d 205, 303 N.E.2d 465 (3d Dist.…