United States Ex Rel. Kubat v. Thieret

MEMORANDUM ORDER

BUA, District Judge.

This case presents this court with a rare opportunity to confront some unique and significant legal issues. Pursuant to 28 U.S.C. § 2254(d), petitioner in this case seeks a writ of habeas corpus vacating his convictions and death sentence. His habe-as petition marks only the third time since the enactment of the revised Illinois death penalty statute in 1977 that an Illinois defendant has asked a federal district court to overturn a death sentence. 1 After reviewing the superbly articulated arguments presented in petitioner’s superlative brief, this court…