United States Ex Rel. Gladney v. Peters

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Presently before this court is David Gladney’s petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. Gladney’s sole assertion is that he was denied due process of law because the instructions given to the jury at trial allowed the jury to return a verdict of murder despite findings that should have resulted in a verdict of voluntary manslaughter. For the reasons stated below, the petition for writ of habe-as corpus is granted.

I. BACKGROUND

Following a jury trial in the Circuit Court of Cook County, Gladney was convicted of murder,…