Case: Green v. Washington

1:93-cv-07300 | U.S. District Court for the Northern District of Illinois

Filed Date: Dec. 3, 1993

Closed Date: 1997

Clearinghouse coding complete

Case Summary

This class action arose from a habeas petition filed on December 3, 1993 in the U.S. District Court for the Northern District of Illinois. Only limited information about this case is available on PACER. Information for this summary came from several federal court opinions and the docket. The petitioner sought a remedy for the state's delay in adjudicating his criminal appeal. Represented by the MacArthur Justice Center, the Mandel Legal Aid Clinic, and private counsel, the petitioner brought th…

This class action arose from a habeas petition filed on December 3, 1993 in the U.S. District Court for the Northern District of Illinois. Only limited information about this case is available on PACER. Information for this summary came from several federal court opinions and the docket.

The petitioner sought a remedy for the state's delay in adjudicating his criminal appeal. Represented by the MacArthur Justice Center, the Mandel Legal Aid Clinic, and private counsel, the petitioner brought the action as a "representative" petition for habeas corpus, claiming that the state's delay violated his due process rights. A copy of the petition was not available at the time of this writing. On December 30, 1993, the petitioner sought class certification. The case was initially assigned to Judge Susan B. Conlon and reassigned to Judge Milton I. Shadur.

This case combined a number of habeas matters filed in the U.S. District Court for the Northern District of Illinois related to the same subject: United States ex rel. Odell v. Peters, 93-C-5671, United States ex rel. Sanchez v. Peters, 93-C-5672, United States ex rel. Joy v. Peters, 93-C-5673, and this case, United States ex rel. Green v. Washington, 1:93-cv-07300. The court consolidated all of them as a habeas class action on this case's docket.

According to one court opinion, the four petitions told "essentially the same story":

Although the Defender Systems are operating efficiently, they are hopelessly understaffed. Because of the tremendous volume of unbriefed cases, no staff attorney can file an opening brief for some two years from the date of conviction. That means that indigent criminal defendants may expect on average at least a three-year delay between their respective conviction dates and the dates of resolution of their appeals. Under the Illinois system of day-for-day good time credit, many defendants will thus have served a substantial portion of their terms of incarceration before their appeals are decided. Indeed, many will have served all or virtually all of their terms—thus rendering their statutory right of appeal a nullity.
[d] 1994 WL 8258, at *2 (N.D. Ill. Jan. 8, 1994). Prior to this case, in October 1993, the State Attorney General had sought the dismissal of the three individual petitions first on the grounds that the cases were not ripe for adjudication and then on the grounds that petitioners had not fully exhausted their state remedies. 1994 WL 8258, at *3. The court rejected both arguments but suggested that the state appellate court ought to be given the opportunity to fix the system's issue of backlogged appeals and delays. The court directed the petitioner's counsel and the Attorney General to work together with the state appellate court to find a solution to the overload of case appeals. U.S. ex rel. Green, 1994 WL 8258, at *4.

However, the Attorney General failed to communicate and participate according to the court's standards. The court issued an opinion and order on January 6, 1994, requiring the Attorney General to file a response to the petitioner's motion for class certification by January 20, 1994. 1994 WL 8258, at *5. In addition the court requested that the state appellate court respond to the following questions:

1. How soon can (a) appointments of private counsel be made to represent appellants in the oldest cases on appeal that are not yet being actively worked on by the Defender Systems and (b) a structure and procedure be established for the systemic appointment of private counsel in cases that are beyond the capacity of the Defender Systems to handle on a reasonable schedule?

2. What would be a reasonable target to establish as a timetable for the disposition of appeals if something similar to the type of remedy urged by petitioners were to be adopted?

[d]. 1994 WL 8258, at *5. On January 25, 1994, the Court approved the petitioner's request for class certification, adding 366 prisoners to the action. The court defined the class as follows:
Persons in custody of the Illinois Department of Corrections who fit the following description:

1. Each has filed a currently pending appeal in the First District of the Illinois Appellate Court from a non-capital felony conviction in the Circuit Court of Cook County.

2. Each is represented in his or her appeal by the Office of the State Appellate Defender.

3. Each has been sentenced to serve no more than 20 years in prison.

4. In each instance, the appeal has been pending for one year or more with no opening brief filed on his or her behalf, or he or she has been advised that a period of time greater than one year will elapse before an opening brief will be filed in his or her case. .

[d]153 F.R.D. 615, 618 (N.D. Ill. 1994).

The parties proceeded through discovery beginning in November 1994 and ending in July 1995. On March 30, 1994, the Court received a letter from the state appellate court responding to the two questions that were posed in the Court’s January 6 memorandum. 1994 WL 113097, at *1 (N.D. Ill 1994).

The court issued findings of fact and conclusions of law on February 23, 1996. The court determined that the two-year delay from the notice of appeal without issuance of a state appellate decision in a prisoner's direct criminal appeal gave rise to a presumption of ineffective state process. The court excused the exhaustion of available state remedies requirement and held that the delay was excessive and unconstitutional. The State did not rebut the Court's finding that the burdens and sources of delay determined that the two-year timetable would not be fulfilled for any prisoner, creating a violation of the prisoners' constitutional right to a timely appeal. The Court, therefore, concluded that the prisoners were entitled to a remedy. The Court ordered the state to file a report disclosing the prisoners whose appeals had remained unsolved for two years or more after already filing notices of appeal and share whether it was feasible to resolve those prisoners' appeals within a short time span. In addition, the Court also ordered the state to file a proposal providing means to expedite the case briefings for the other remaining prisoners. 917 F. Supp. 1238, 1282 (N.D. Ill 1996). The reports and proposal were not available at the time of writing, and it is unclear whether the respondents changed their conduct as a result of this litigation.

On October 15, 1996, two attorneys that had acted as co-counsel for the plaintiffs moved for leave to withdraw from representation. They argued that the addition of new justices of the Illinois Appellate Court for the First District as defendants would present potential prejudice for their other clients. 1997 WL 242904, at *1 (N.D.Ill., May 05, 1997). The court denied the attorneys’ motion to withdraw on April 29, 1997. On February 18, 1997, the respondents submitted a plan to effectuate action for timely disposition of the criminal appeals (documents were unavailable at the time of this writing). On January 9, 1998, the court awarded $6,7445.75 in attorneys' fees to the petitioners.

On February 6, 1998, the respondents appealed to the United States Court of Appeals for the Seventh Circuit. On February 25, the court asked the appellants to brief on the issue of the court's jurisdiction and an explanation for why the case should not have been dismissed. They did not respond. On August 10, 1998, the court asked the appellants to show cause as to why they should not receive sanctions for failure to respond to the court's order. On August 18, the respondent-appellants filed a motion to dismiss the appeal and the court voluntarily dismissed on August 27, 1998. The case is now closed.

Summary Authors

Kimberly Goshey (10/28/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8512690/parties/green-v-peters/


Judge(s)

Shadur, Milton Irving (Illinois)

Attorneys(s) for Plaintiff

Banar, Kathleen Marie (Illinois)

Bowman, Locke E. III (Illinois)

Bradford, David J (Illinois)

Malone, Edward Francis (Illinois)

Stone, Randolph N. (District of Columbia)

Sukenik, Dana H. (Illinois)

Von Hoene, William A. Jr. (Illinois)

Attorneys(s) for Defendant

Ciecko, Thomas Lee (Illinois)

Flahaven, Roger Philip (Illinois)

Judge(s)

Shadur, Milton Irving (Illinois)

Attorneys(s) for Plaintiff

Banar, Kathleen Marie (Illinois)

Bowman, Locke E. III (Illinois)

Bradford, David J (Illinois)

Malone, Edward Francis (Illinois)

Stone, Randolph N. (District of Columbia)

Sukenik, Dana H. (Illinois)

Von Hoene, William A. Jr. (Illinois)

Attorneys(s) for Defendant

Ciecko, Thomas Lee (Illinois)

Flahaven, Roger Philip (Illinois)

Gillis, Martha M. (Illinois)

Madsen, Terence (Illinois)

Solberg, Wallace Cyril (Illinois)

Documents in the Clearinghouse

Document

Docket

Green, et al v. Peters, et al

Dec. 3, 1993 Docket
9

Memorandum Opinion and Order

1994 WL 8258

Jan. 8, 1994 Order/Opinion
13

Memorandum Opinion and Order

153 F.R.D. 615

Jan. 25, 1994 Order/Opinion
26

Memorandum Opinion and Order

1994 WL 113097

March 30, 1994 Order/Opinion
31

Memorandum Order

1994 WL 124881

April 11, 1994 Order/Opinion
109

Findings of Fact and Conclusions of Law

917 F.Supp. 1238

Feb. 23, 1996 Order/Opinion
155

Memorandum Opinion and Order

1997 WL 242904

May 5, 1997 Order/Opinion

Resources

Title Description External URL

Indigent Defense Reform: The Role of Systemic Litigation in Operationalizing the Gideon Right to Counsel

Vidhya K. Reddy

This paper traces the evolution of litigative efforts to structurally reform state and local indigent defense systems, focusing on the potential of modern class action lawsuits to overcome political … May 7, 2007 None

Securing Reasonable Caseloads: Ethics and Law in Public Defense

Norman Lefstein

Chapter 1: The Failure to Implement the Right to Counsel Due to Excessive Caseloads <br />A. The Constitutional Right to Counsel: Brief Overview <br />B. Excessive Workloads: A Pervasive National P… Jan. 1, 2011 http://www.americanbar.org/...

Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel.

National Right to Counsel Committee

[Edited, from the website:] <br /> <br />[Notwithstanding the nominal right of indigent defendants to publicly provided counsel,] Today, in criminal and juvenile proceedings in state courts, somet… April 14, 2009 http://www.constitutionproject.org/...

The Third Generation of Indigent Defense Litigation

Cara Drinan

For years, scholars have documented the national crisis in indigent defense and its many tragic implications, and yet the crisis persists. Traditionally, the appellate and political processes were th… Jan. 1, 2009 http://papers.ssrn.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8512690/green-v-peters/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

PETITION FOR WRIT OF HABEAS CORPUS; Civil cover sheet; Appearanc(s) of Locke E. Bowman III, Randolph N. Stone, Kathleen M. Banar and Edward F. Malone as attorney(s) of petitioner Mervin Green, with Rule 39 affidavits. (Documents 1-1 through 1-7) (ar) Modified on 12/06/1993 (Entered: 12/06/1993)

Dec. 3, 1993 PACER

RECEIPT regarding payment of filing fee paid; on 12/3/93 in the amount of $ 5.00, receipt # 426845. (ar)

Dec. 3, 1993 PACER

MAILED copy of petition for writ of habeas corpus to Terence Madsen, via Certified Mail #P-461-949-342 (ar)

Dec. 6, 1993 PACER
2

PROOF of mailing certified receipt #P-461-949-342 (ar) (Entered: 12/07/1993)

Dec. 6, 1993 PACER
3

REASSIGNMENT ORDER of 12/07/93: Case reassigned to Hon. Milton I. Shadur from the Hon. Susan B. Conlon pursuant to local General Rule 2.31. Case 1:93-cv-7300 related to 93-C-5671. Mailed notice (ar) (Entered: 12/13/1993)

Dec. 8, 1993 PACER
4

MINUTE ORDER of 12/9/93 by Hon. Milton I. Shadur : Status hearing set for 01/06/94 at 9:00 am. Mailed notice (ar) (Entered: 12/13/1993)

Dec. 9, 1993 PACER
5

RETURN of certified receipt #P-461-949-342 (ar) (Entered: 12/17/1993)

Dec. 15, 1993 PACER

MOTION by petitioners Mervin Green, Rodney Odell, Hilberto Sanchez and Vernon Joy for extension of time ; Notice of motion (Original in 93-CV-5671) (ar)

Dec. 15, 1993 PACER
6

MINUTE ORDER of 12/15/93 by Hon. Milton I. Shadur : Petitioners' motion for extension of time to 12/30/93 to file memorandum addressing the appropriate scope and nature of the relief in this case is granted. Respondents are granted a similar extension to file their cross-filing. No notice (ar) (Entered: 12/17/1993)

Dec. 15, 1993 PACER
7

MOTION by petitioner Mervin Green for class certification ; Notice of motion (ar) (Entered: 01/07/1994)

Dec. 30, 1993 PACER
8

MEMORANDUM by petitioner Mervin Green in support of motion for class certification [7-1] (ar) (Entered: 01/07/1994)

Dec. 30, 1993 PACER
9

MEMORANDUM OPINION AND ORDER (ar) (Entered: 01/07/1994)

Jan. 6, 1994 PACER
10

MINUTE ORDER of 1/6/94 by Hon. Milton I. Shadur : Status hearing held; continued to 02/02/94 at 8:45 am. Memorandum opinion and order entered. Accordingly, defendants' response to petitioners' motion for class certification is due by 01/20/94. No notice (ar) (Entered: 01/07/1994)

Jan. 6, 1994 PACER
11

MEMORANDUM by respondents Howards Peters, Jerry Gilmore and Roland W Burris in opposition to motion for class certification [7-1]; Notice of filing (ar) (Entered: 01/21/1994)

Jan. 20, 1994 PACER

MOTION by petitioners Mervin Green, Rodney Odell, Hilberto Sanchez and Vernon Joy for leave to add additional counsel (Attachment); Notice of motion. (Original in 93-CV-5671) (ar) Modified on 01/26/1994

Jan. 21, 1994 PACER
12

MINUTE ORDER of 1/21/94 by Hon. Milton I. Shadur : Granting petitioners' motion for leave to add additional counsel Dana Sukenik, is granted. No notice (ar) (Entered: 01/26/1994)

Jan. 21, 1994 PACER
13

MEMORANDUM OPINION AND ORDER (ar) (Entered: 01/28/1994)

Jan. 25, 1994 PACER

MAILED Rules 3.14 and 39 letter to Dana Sukenik (ar)

Jan. 26, 1994 PACER
14

MINUTE ORDER of 1/27/94 by Hon. Milton I. Shadur : Memorandum opinion and order dated 01/25/94 entered. Accordingly, plaintiffs' motion for class certification [7-1] is granted. The previously filed petitions 93-C-5671, Odell v. Peters; 93-C-5672, Sanchez v. Peters and 93-C-5673, Joy v. Peters, will be deemed to have been filed as petitions in this action. Those actions are deemed technically closed and all further pledings shall be filed under this case caption and number. No notice (ar) (Entered: 01/28/1994)

Jan. 27, 1994 PACER
15

MINUTE ORDER of 2/2/94 by Hon. Milton I. Shadur : Status hearing held; continued to 02/16/94 at 8:45 am. No notice (ar) (Entered: 02/03/1994)

Feb. 2, 1994 PACER
16

ATTORNEY APPEARANCE for petitioner Mervin Green by Dana Sukenik (ar) (Entered: 02/18/1994)

Feb. 14, 1994 PACER
17

RULE 39 Affidavit of Dana Sukenik (ar) (Entered: 02/18/1994)

Feb. 14, 1994 PACER
18

MINUTE ORDER of 2/16/94 by Hon. Milton I. Shadur : Status hearing reset for 03/03/94 at 8:45 am. Proposed discovery plan is due by 02/28/94. Telephoned notice (ar) (Entered: 02/18/1994)

Feb. 16, 1994 PACER
19

MINUTE ORDER of 3/3/94 by Hon. Milton I. Shadur : Status hearing held; continued to 06/03/94 at 8:45 am. No notice (ar) (Entered: 03/04/1994)

March 3, 1994 PACER
20

PRELIMINARY PRETRIAL ORDER (ar) (Entered: 03/08/1994)

March 4, 1994 PACER
21

MINUTE ORDER of 3/4/94 by Hon. Milton I. Shadur : Preliminary pretrial order entered. No notice (ar) (Entered: 03/08/1994)

March 4, 1994 PACER
22

ANSWER by respondents to the representative action; Notice of filing (ar) (Entered: 03/11/1994)

March 10, 1994 PACER

MAILED Rule 3.14 letter to Martha E. Gillis (ar)

March 11, 1994 PACER
23

MOTION by respondents to dismiss Roland W. Burris as a party to this action ; Notice of motion (ar) (Entered: 03/15/1994)

March 14, 1994 PACER
24

MINUTE ORDER of 3/14/94 by Hon. Milton I. Shadur : Respondents' motion to dismiss Roland W. Burris as a party defendant [23-1] is granted without objection. Mailed notice (ar) (Entered: 03/15/1994)

March 14, 1994 PACER
25

ATTORNEY APPEARANCE for respondents Howards Peters, Jerry Gilmore and Roland W Burris by Martha E. Gillis (ar) (Entered: 03/23/1994)

March 21, 1994 PACER
26

MEMORANDUM OPINION AND ORDER (Attachment) (ar) (Entered: 03/30/1994)

March 28, 1994 PACER
27

MINUTE ORDER of 3/29/94 by Hon. Milton I. Shadur : Memorandum opinion and order dated 03/28/94 entered. Accordingly, telephonic status hearing is set for 03/31/94 at 1:15 pm to discuss further proceedings in this case. No notice (ar) (Entered: 03/30/1994)

March 29, 1994 PACER
28

MOTION by petitioner Mervin Green for appointment of counsel and for leave to retain an expert (Attachment); Notice of motion (ar) (Entered: 04/01/1994)

March 31, 1994 PACER
29

MINUTE ORDER of 3/31/94 by Hon. Milton I. Shadur : Status hearing held. Petitioner's motion for appointment of counsel [28-1], David J. Bradford, Locke E. Bowman III, Kathleen M. Banar, William A. Von Hoene, Edward F. Malone and Randolph N. Stone pursuant to 18 USC Section 3006A(a)(2)(B) is granted and for leave to retain an expert [28-2] Randolph Spangenberg is granted (subject to approval by the Chief Judge of this Court), and to authorize an intial voucher is entered and continued generally. This Court will monitor all requests for compensation by appointed counsel, avoiding duplicative activity in that respect. Telephoned notice (ar) (Entered: 04/01/1994)

March 31, 1994 PACER

MAILED Rules 3.14 and 39 letter to David J. Bradford, Locke E. Bowman III, Kathleen M. Banar, William A. Von Hoene, Edward F. Malone and Randolph N. Stone together with copy of minute order dated 03/31/94 [29-1] (ar)

April 1, 1994 PACER
30

MEMORANDUM ORDER (ar) (Entered: 04/11/1994)

April 7, 1994 PACER
31

MINUTE ORDER of 4/8/94 by Hon. Milton I. Shadur : Memorandum order dated 04/07/94 entered. Accordingly, petitioners' statements reporting on expert's services rendered and the amount of fees chargeable for those services are due not less frequently than every other month. No notice (ar) (Entered: 04/11/1994)

April 8, 1994 PACER
32

MOTION by deponent St Atty of Cook Co to quash subpoena (Attachment) (Exhibits); Notice of motion (lal) (Entered: 05/05/1994)

May 3, 1994 PACER
33

MINUTE ORDER of 5/3/94 by Hon. Milton I. Shadur : Denying motion of non party State's Attorney Office to quash subpoena. [32-1] No notice (lal) (Entered: 05/05/1994)

May 3, 1994 PACER
34

ATTORNEY APPEARANCE for petitioner Mervin Green by David J. Bradford and William A. Von Hoene Jr. (Attachment) (ar) Modified on 05/06/1994 (Entered: 05/06/1994)

May 4, 1994 PACER
35

RULE 39 Affidavit of David J. Bradford (ar) (Entered: 05/06/1994)

May 4, 1994 PACER
36

RULE 39 Affidavit of William A. Von Hoene Jr. (ar) (Entered: 05/06/1994)

May 4, 1994 PACER
37

MINUTE ORDER of 5/26/94 by Hon. Milton I. Shadur : Status hearing re-set for 06/14/94 at 8:45 a.m. Telephoned notice (lal) (Entered: 05/27/1994)

May 26, 1994 PACER
38

TRANSCRIPT of proceedings for the following date(s): 03/03/94 Before Honorable Milton I. Shadur (lal) (Entered: 05/27/1994)

May 26, 1994 PACER
39

MOTION by Respondents' Howards Peters, Jerry Gilmore, Wardens of Corr Inst to substitute attorney ; Notice of motion (lal) (Entered: 06/21/1994)

June 14, 1994 PACER
40

MINUTE ORDER of 6/14/94 by Hon. Milton I. Shadur : Granting motion of respondents for substitution of attorney, to withdraw the appearance of counsel Terrence M. Madsen, to file the appearances of assistant attorneys general Arleen C. Anderson and Roger P. Flahaven, and to grant such other and further relief as the Court deems appropriate. [39-1] attorney Terence Madsen for Wardens of Corr Inst, Jerry Gilmore, Howards Peters and substituting attorney Arleen C. Anderson, Roger Philip Flahaven Status hearing held; continued to 07/07/94 at 8:45 a.m. No notice (lal) (Entered: 06/21/1994)

June 14, 1994 PACER
41

ATTORNEY APPEARANCE for Howards Peters, Jerry Gilmore, Wardens of Corr Inst by Arleen C. Anderson and Roger P. Flahaven. (lal) (Entered: 06/21/1994)

June 14, 1994 PACER
42

MINUTE ORDER of 7/7/94 by Hon. Milton I. Shadur : Status hearing held; continued to 08/08/94 at 8:45 a.m. No notice (lal) (Entered: 07/08/1994)

July 7, 1994 PACER
43

MOTION by deponent Circuit Ct Clerk of Cook County to quash subpoena (Attachments); Notice of motion (lal) (Entered: 07/19/1994)

July 12, 1994 PACER
44

MINUTE ORDER of 7/15/94 by Hon. Milton I. Shadur : Motion of movant Cook County Circuit Court Clerk to quash subpoena for documents is withdrawn and deemed moot based on the parties' agreement orally announced in open court. [43-1] Said movant's alternative motion for a protective order is granted. Counsel are to submit porposed draft protective order. No notice (lal) (Entered: 07/19/1994)

July 15, 1994 PACER
45

MINUTE ORDER of 8/8/94 by Hon. Milton I. Shadur : Status hearing re-set for 08/18/94 at 8:45 a.m. Telephoned notice (lal) (Entered: 08/09/1994)

Aug. 8, 1994 PACER
46

MINUTE ORDER of 8/18/94 by Hon. Milton I. Shadur : Status hearing held; continued to 10/11/94 at 9:00 a.m. No notice (lal) (Entered: 08/19/1994)

Aug. 18, 1994 PACER
47

MOTION by St Atty of Cook Co for protective order (Exhibit); Notice of motion (lal) (Entered: 09/06/1994)

Aug. 24, 1994 PACER
48

RESPONSE by petitioner Mervin Green to State's Attorney's motion for protective order (Exhibit); Notice of filing. [47-1] (lal) (Entered: 09/06/1994)

Aug. 24, 1994 PACER
49

NOTICE of filing by St Atty of Cook Co regarding motion for protective order [47-1] (lal) (Entered: 09/06/1994)

Sept. 2, 1994 PACER
50

PROTECTIVE ORDER (lal) (Entered: 09/06/1994)

Sept. 2, 1994 PACER
51

MINUTE ORDER of 9/2/94 by Hon. Milton I. Shadur : Granting State's motion for protective order. [47-1] No notice (lal) (Entered: 09/06/1994)

Sept. 2, 1994 PACER
53

MINUTE ORDER of 10/11/94 by Hon. Milton I. Shadur : Status hearing held; continued to 10/24/94 at 8:45 a.m. No notice (eav) (Entered: 11/02/1994)

Oct. 11, 1994 PACER
52

MINUTE ORDER of 10/24/94 by Hon. Milton I. Shadur : Status hearing held; continued to 11/22/94 at 9:00 a.m. No notice (rmm) (Entered: 11/02/1994)

Oct. 24, 1994 PACER
54

AUTHORIZATION AND VOUCHER for expert and other service for petitioner Mervin Green. (lal) (Entered: 11/15/1994)

Nov. 2, 1994 PACER
55

MOTION by petitioner Mervin Green for leave to retain an additional expert (Exhibits); Notice of motion (lal) (Entered: 11/16/1994)

Nov. 9, 1994 PACER

ORAL MOTION by petitioner for leave to file interrogatory answers (lal)

Nov. 9, 1994 PACER
56

MINUTE ORDER of 11/9/94 by Hon. Milton I. Shadur : Setting hearing on petitioner's motion for leave to retain an additional expert is entered and continued to [55-1] 9:00 a.m. on 11/22/94. Granting plaintiff's oral motion for leave to file interrogatory answers with the court. [0-1] Mailed notice (lal) (Entered: 11/16/1994)

Nov. 9, 1994 PACER
57

SUPPLEMENTAL ANSWER by petitioner Mervin Green to respondents' First Interrogatory; Notice of filing. (lal) (Entered: 11/16/1994)

Nov. 9, 1994 PACER
58

MINUTE ORDER of 11/18/94 by Hon. Milton I. Shadur : Granting plaintiff's motion for leave to retain an additional expert [55-1]. Pursuant to the criminal justice act the court authorizes the expenditure of $100.00 per hour for the expert. Status hearing held; continued to 12/21/94 at 9:00 a.m. No notice (fce) (Entered: 12/20/1994)

Nov. 18, 1994 PACER
59

AUTHORIZATION and voucher for expert and other services by petitioner (fce) (Entered: 12/20/1994)

Dec. 2, 1994 PACER
60

MINUTE ORDER of 1/23/95 by Hon. Milton I. Shadur : Status hearing held; continued to 03/24/95 at 9:00 a.m. No notice (lal) (Entered: 01/27/1995)

Jan. 23, 1995 PACER
61

MOTION by respondents for additional appearance of Thomas L. Ciecko and Wallace C. Solberg ; Notice of motion (or) (Entered: 03/27/1995)

March 24, 1995 PACER
62

MINUTE ORDER of 3/24/95 by Hon. Milton I. Shadur : Granting motion for additional appearance of Thomas L. Ciecko and Wallace C. Solberg [61-1] Status hearing held; continued to 30 May 95 at 9:00 a.m. Discovery cut-off is May 26, 1995. No notice (or) (Entered: 03/27/1995)

March 24, 1995 PACER
63

ATTORNEY APPEARANCE for respondents by Thomas Lee Ciecko, Wallace Cyril Solberg (or) (Entered: 03/27/1995)

March 24, 1995 PACER

ORAL MOTION by respondents to extend time for close of discovery (or)

May 30, 1995 PACER
64

MINUTE ORDER of 5/30/95 by Hon. Milton I. Shadur : Granting motion to extend time for close of discovery [0-1] Status hearing to 6/15/95 at 8:45 a.m. Discovery ordered closed on 7/14/95 . No notice (or) (Entered: 05/31/1995)

May 30, 1995 PACER
65

MINUTE ORDER of 6/15/95 by Hon. Milton I. Shadur : Parties given to and including July 24, 1995 to file all necessary documents regarding evidentiary hearing. Evidentiary hearing set for 9:30 7/31/95 . No notice (or) (Entered: 06/20/1995)

June 15, 1995 PACER
66

MOTION by petitioner for leave to add additional counsel ; Notice of motion. (fce) (Entered: 07/19/1995)

July 17, 1995 PACER
67

MINUTE ORDER of 7/17/95 by Hon. Milton I. Shadur : Granting petitioner's motion for leave to add additional counsel [66-1]. Dana Sukenik is given leave to appear as additional counsel. No notice (fce) (Entered: 07/19/1995)

July 17, 1995 PACER
68

ATTORNEY APPEARANCE for petitioner by Dana H. Sukenik. (fce) (Entered: 07/19/1995)

July 17, 1995 PACER
69

RULE 39 Affidavit of Dana Helene Sukenik (fce) (Entered: 07/19/1995)

July 17, 1995 PACER
70

MOTION by respondents to bar certain testimony and exhibits of expert witness Robert Spangenberg (Exhibits); Notice of motion. (dmkf) Modified on 08/01/1995 (Entered: 07/24/1995)

July 20, 1995 PACER
71

MINUTE ORDER of 7/20/95 by Hon. Milton I. Shadur : Respondent's motion to bar testimony is denied [70-1]. An extension of time is granted for purposes of resumption of Spangenberg deposition. All other hearing dates are vacated. Status hearing set for 9:00a.m. on 8/1/95. No notice (dmkf) (Entered: 07/24/1995)

July 20, 1995 PACER

SCHEDULE set on 7/20/95 by Hon. Milton I. Shadur : Vacate Evidentiary hearing date of 7/31/95. No notice (srn)

July 20, 1995 PACER

SCHEDULE set on 8/1/95 by Hon. Milton I. Shadur : Status hearing held. Pretrial order to be submitted on 9/18/95 along with case law . Injunction hearing set for 9:30 a.m. 9/26/95 . No notice (srn) Modified on 09/21/1995

Aug. 1, 1995 PACER
72

RESPONSE by respondent Odie Washington to petitioner's motion to compel (Attachment); Notice of filing. (dmkf) (Entered: 08/15/1995)

Aug. 10, 1995 PACER
73

MOTION by petitioner to compel production of documents responsive to petitioner's fourth request for production of documents (Exhibits); Notice of motion. (dmkf) (Entered: 08/15/1995)

Aug. 11, 1995 PACER
74

MINUTE ORDER of 8/11/95 by Hon. Milton I. Shadur : Denying petitioner's motion to compel production of documents responsive to petitioner's fourth request for production of documents [73-1]. No notice (dmkf) (Entered: 08/15/1995)

Aug. 11, 1995 PACER
75

PETITION by petitioner for writ of habeas corpus ad testificandum as to Thomas Powers ; Notice of motion (kmt) Modified on 09/19/1995 (Entered: 09/19/1995)

Sept. 15, 1995 PACER
76

ORDER for writ of habeas corpus ad testificandum as to Thomas Powers [75-1] (kmt) Modified on 09/19/1995 (Entered: 09/19/1995)

Sept. 15, 1995 PACER
77

MINUTE ORDER of 9/15/95 by Hon. Milton I. Shadur : Granting petioner's petition for writ of habeas corpus ad testificandum as to Thomas Powers [75-1]. Enter order for writ of habeas corpus ad testificandum as to Thomas Powers, N91586 to appear before this court on 9/26/95 at 9:00 a.m. Mailed notice (kmt) Modified on 09/19/1995 (Entered: 09/19/1995)

Sept. 15, 1995 PACER
78

PETITION by petitioner for writ of habeas corpus ad testificandum as to Vernon Joy ; Notice of motion (kmt) (Entered: 09/19/1995)

Sept. 15, 1995 PACER
79

ORDER for writ of habeas corpus ad testificandum as to Vernon Joy [78-1] (kmt) (Entered: 09/19/1995)

Sept. 15, 1995 PACER
80

MINUTE ORDER of 9/15/95 by Hon. Milton I. Shadur : Granting petioner's motion for writ of habeas corpus ad testificandum as to Vernon Joy [78-1]. Enter order for writ of habeas corpus ad testificandum as to Vernon Joy, A61320 to appear before this court on 9/26/95 at 9:00 a.m. Mailed notice (kmt) (Entered: 09/19/1995)

Sept. 15, 1995 PACER
81

PETITION by petitioner for writ of habeas corpus ad testificandum as to Charles Smith ; Notice of motion (kmt) (Entered: 09/19/1995)

Sept. 15, 1995 PACER
82

ORDER for writ of habeas corpus ad testificandum as to Charles Smith [81-1] (kmt) (Entered: 09/19/1995)

Sept. 15, 1995 PACER
83

MINUTE ORDER of 9/15/95 by Hon. Milton I. Shadur : Granting petioner's motion for writ of habeas corpus ad testificandum as to Charles Smith [81-1] Enter order for writ of habeas corpus ad testificandum as to Charles Smith, N91705 to appear before this court on 9/26/95 at 9:00 a.m. Mailed notice (kmt) (Entered: 09/19/1995)

Sept. 15, 1995 PACER
84

PRETRIAL Memorandum by respondents; Notice of filing (kmt) (Entered: 09/19/1995)

Sept. 18, 1995 PACER

WRIT of habeas corpus ad testificandum issued as to Vernon Joy, Thomas Peters and Charles Smith to U.s. Marshal's Service with certified copy of order. (kmt)

Sept. 19, 1995 PACER
85

MOTION by petitioner for leave to file oversized brief in excess of 15 pages Notice of motion; Notice of filing (kmt) (Entered: 09/22/1995)

Sept. 20, 1995 PACER
86

MINUTE ORDER of 9/20/95 by Hon. Milton I. Shadur : Granting petitioners motion for leave to file oversized brief in excess of 15 pages [85-1] No notice (kmt) (Entered: 09/22/1995)

Sept. 20, 1995 PACER
87

TRIAL memorandum by petitioners (kmt) (Entered: 09/22/1995)

Sept. 20, 1995 PACER
88

EXHIBITS by petitioner Mervin Green (kmt) (Entered: 09/28/1995)

Sept. 21, 1995 PACER

State / Territory: Illinois

Case Type(s):

Indigent Defense

Key Dates

Filing Date: Dec. 3, 1993

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

366 prisoners under the custody of the Illinois Department of Corrections. Each petitioner was sentenced to serve 20 years or less in prison, and has an appeal that had been pending for one year or more without an opening brief filed on his or her behalf, or has been informed that it will be more than one year after his or her notice of appeal before an opening brief will be filed for their case.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Illinois Department of Corrections, State

First District Office (Cook), State

Justices of the Illinois Appellate Court for the First District, State

Case Details

Causes of Action:

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Constitutional Clause(s):

Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Unknown

Source of Relief:

Litigation

Amount Defendant Pays: 6,7445.75

Content of Injunction:

Reporting

Issues

General:

Access to lawyers or judicial system