United States of America Ex Rel. Theodore Bacon v. Richard Derobertis

Petitioner Theodore Bacon brought a two count petition for a writ of habeas corpus. Respondent Richard DeRobertis, Warden at Stateville Correctional Center in Joliet, Illinois, where Bacon is incarcerated, won summary judgment below on both counts. Judge Milton Shadur’s memorandum opinions granting summary judgment appear at 546 F.Supp. 40 (N.D.Ill.1982) (Count I) and 551 F.Supp. 269 (N.D.Ill.1982) (Count II). Because we find no error in Judge Shadur’s disposition of the case, we affirm.

In Count I, Bacon alleged that prosecutorial misconduct before the state grand jury which indicted him for…