United States ex rel. Daniel v. Peters

MEMORANDUM OPINION AND ORDER

HOLDERMAN, District Judge:

Erwin Daniel has petitioned the court for habeas corpus relief pursuant to 28 U.S.C. § 2254. Daniel’s sole basis for relief is that the jury instructions given at trial on murder and voluntary manslaughter violated his due process rights under the Fifth and Fourteenth Amendments.

FACTS

Following a jury trial in the Circuit Court of Cook County, Daniel was convicted of murder and aggravated battery and sentenced to 35 years in prison. The underlying facts are taken from the opinion of the Illinois appellate court on direct review, and are…