United States ex rel. Everette v. Roth

MEMORANDUM AND ORDER

MORAN, Chief Judge.

On May 29, 1987, a Cook County jury found petitioner Donald Everette guilty of murder for the shooting death of Johnny Island. At trial, Everette admitted shooting Island, but maintained that he had drawn his gun in self-defense and, further, that the gun had discharged accidentally. The trial court instructed the jury that the accidental firing of a gun could not constitute murder, but the court refused to instruct the jury on self-defense or voluntary manslaughter.

Before us now is Everette’s petition for writ of habeas corpus. He contends that the…