United States ex rel. King v. Peters

MEMORANDUM OPINION

BRIAN BARNETT DUFF, District Judge.

Kevin King, a convicted murderer, has petitioned this court for habeas corpus relief pursuant to 28 U.S.C. § 2254. The respondent moved to dismiss the petition on the grounds of exhaustion and procedural default. The facts and procedural history are set out in this court’s earlier opinion, United States ex rel. King v. Peters, 796 F.Supp. 1110 (N.D.Ill.1992) (“King I”), and will not be restated here except as necessary.

In King I, the court held that while Mr. King, by failing to challenge jury instructions on direct appeal, had not…