United States Ex Rel. Smith v. Cowan

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Clayborn Smith filed a petition for a writ of habeas corpus on March 24, 2000. The State filed a motion to dismiss Mr. Smith’s petition as untimely, which I deny.

I

Mr. Smith was convicted of murdering of his great aunt and his grandfather on October 17, 1992. The Illinois Appellate Court affirmed his conviction on October 28, 1996. He had twenty-one days, or until November 18, 1996, to petition for leave to appeal to the Illinois Supreme Court. The Appellate Court granted several extensions of time, and Mr. Smith timely filed his petition for…