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UNITED STATES EX REL. HANRAHAN v. BOSSE

September 21, 1982

UNITED STATES OF AMERICA EX REL. MICHAEL J. HANRAHAN, PETITIONER,
v.
DANIEL C. BOSSE, RESPONDENT.



The opinion of the court was delivered by: Shadur, District Judge.

MEMORANDUM OPINION AND ORDER

Michael Hanrahan ("Hanrahan") has filed a petition for a writ of habeas corpus, which comes before this Court for preliminary consideration under Rule 4 of the Rules Governing Section 2254 Cases. Because the petition and attached exhibits do not present a cognizable claim for habeas relief, the petition is summarily dismissed.

Prior Proceedings

Hanrahan and his father Homer were charged with the murder, aggravated kidnapping and aggravated battery of Hanrahan's mother. After a jury found Hanrahan guilty of the second and third charges, he was sentenced to concurrent terms of 10 to 25 years for aggravated kidnapping and 3 to 10 years for aggravated battery. Both convictions were upheld on appeal. People v. Hanrahan, 64 Ill. App.3d 207, 20 Ill.Dec. 866, 380 N.E.2d 1075 (1st Dist. 1978), cert. denied, 444 U.S. 828, 100 S.Ct. 53, 62 L.Ed.2d 36 (1979).

After certiorari was denied Hanrahan moved for reduction of sentence before the judge who had sentenced him. His motion was granted, the trial court reducing the sentences to 5 years' probation for aggravated kidnapping and 1 to 10 years for aggravated battery.

That action was challenged by the State's institution of original mandamus proceedings in the Illinois Supreme Court. That Court issued a writ of mandamus directing the trial judge to vacate and expunge his order reducing Hanrahan's sentences and to issue a mittimus conforming to the sentences originally imposed. People ex rel. Carey v. Collins, 81 Ill.2d 118, 39 Ill.Dec. 795, 405 N.E.2d 774 (1980). Shortly thereafter Hanrahan filed a post-conviction petition in state court challenging his conviction on grounds not germane to the issues raised here. Following denial of that petition Hanrahan appealed to the state Appellate Court (the appeal is still pending).

This Proceeding

Hanrahan now asserts two grounds for habeas corpus relief:

    (1) In his original trial the failure to suppress inculpatory
  statements taken from him after his arrest was constitutional
  error.
    (2) In the mandamus proceeding the writ directing vacation of
  the reduction of his sentence was erroneous and deprived him
  of due process and equal protection in violation of the
  Fourteenth Amendment.

Both contentions must fail.

Before trial Hanrahan moved to quash his arrest and to suppress the statements. After extensive testimony the trial court denied the motion. On appeal Hanrahan argued the statements were the product of an illegal investigatory arrest, so the Fourth Amendment*fn1 required their exclusion. Because it found the facts known to the police when they arrested Hanrahan supported a reasonable belief he had committed battery upon his mother, the Appellate Court upheld the trial court's denial of the suppression motion.

Having lost his Fourth Amendment battle in the state court system, Hanrahan now seeks federal collateral review of his state conviction on the same ground. Stone v. Powell, 428 U.S. 465, 494, 96 ...


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