United States of America Ex Rel. Arthur Moore v. James C. Fike, Warden, Illinois State Penitentiary, Pontiac Branch

WYZANSKI, Senior District Judge.

In this habeas corpus proceeding the petitioner, a prisoner, under sentence imposed by the Illinois state court and now in the custody of defendant, the warden of the Illinois State Penitentiary, alleges that he did not waive allocution before sentencing, and that he was denied the effective assistance of counsel guaranteed to him by the Fourteenth Amendment inasmuch as he and his counsel had no real opportunity to offer evidence in mitigation.

The only question presented is whether there is substantial evidence to support the finding of the District Judge that…