Habeas corpus — no factual basis for a conviction

Posted April 23, 2015 2:47 PM

Where a state trial judge based his verdict completely on facts not found in the submitted evidence, habeas relief was warranted.The 7th U.S. Circuit Court of Appeals reversed a decision by U.S. District Judge Thomas M. Durkin.In south suburban Markham in 1999, Ramon Nelson was murdered by a person who swung a baseball bat at his head while Nelson was riding his bike. Two eyewitnesses to the murder identified Lawrence Owens as the attacker. Maurice Johnnie and William Evans identified Owens from a photo array of six …

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