United States ex rel. McTush v. O'Brien

MEMORANDUM ORDER

BUA, District Judge.

This case is before the Court on a petition for a Writ of Habeas Corpus. 28 U.S.C. § 2254. Now pending is the respondents’ motion of summary judgment. For the reasons stated herein, summary judgment is granted for the respondents.

FACTS

Petitioner, John McTush, was tried by a jury in the Circuit Court of Cook County and found guilty of murder, Ill.Rev.Stat. 1975, ch. 38, par. 9-1, armed robbery, 111. Rev.Stat.1975, ch. 38, par. 18-2, and bur.glary, Ill.Rev.Stat.1975, ch. 38, par. 19-1. Petitioner’s co-defendant, Lonzell Stone, was tried in the same proceeding…