Legal Opinion

Hernandez v. Mitchell

District Court, N.D. Illinois

Decided June 10, 2024No. 1:23-cv-02725Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ELVER HERNANDEZ, ) ) Petitioner, ) ) vs. ) Case No. 23 C 2725 ) DAVID MITCHELL, Warden, ) Pinckneyville Correctional Center, ) ) Respondent. ) ) MEMORANDUM OPINION AND ORDER MATTHEW F. KENNELLY, District Judge: After a 2009 bench trial in the Circuit Court of Cook County, Elver Hernandez was convicted of first-degree murder and sentenced to 84 years' imprisonment. Hernandez has filed a habeas corpus petition under 28 U.S.C. § 2254, arguing that he is actually innocent of the charges and that his…

2Cases cited9 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Schlup v. DeloSupreme Court of the United States · 1995
  3. Pennsylvania v. FinleySupreme Court of the United States · 1987
  4. House v. BellSupreme Court of the United States · 2006
  5. Flores-Ramirez v. FosterCourt of Appeals for the Seventh Circuit · 2016

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