United States Ex Rel. Lee v. Rowe

MEMORANDUM OPINION

MAROVITZ, District Judge.

Motion and Cross-Motion for Summary Judgment

Petitioner Robert E. Lee, Jr., was convicted of murder before a jury on February 22, 1971 and sentenced to twenty-five to fifty years imprisonment. Upon appeal, his conviction and sentence were affirmed by the Illinois Appellate Court. People v. Lee, 7 Ill.App.3d 320, 287 N.E.2d 191 (2d Dist., 1972) (hereinafter, Lee I). On August 24, 1973, Lee unsuccessfully petitioned the Circuit Court of DuPage County for post-conviction relief in the form of a new trial. The court denied him relief on February 24, 1975…