UNITED STATES OF AMERICA EX REL. BANKS v. McGinnis

MEMORANDUM AND ORDER

BUA, District Judge.

Herman Banks (“petitioner”) was charged with murder in the Circuit Court of Cook County, Illinois. After a bench trial, he was found guilty as charged and was sentenced to 25 to 40 years imprisonment. The Illinois Appellate Court affirmed the conviction. People v. Banks, 102 Ill.App.3d 877, 58 Ill.Dec. 570, 430 N.E.2d 602 (1st Dist.1981).

After exhausting his state remedies, Banks filed a petition for a writ of habeas corpus with this Court claiming that: (1) the State improperly admitted the testimony of an occurrence witness whose current address or…