Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

UNITED STATES EX REL. GAYDEN v. MCGINNIS

November 30, 1983

UNITED STATES EX REL. SAM GAYDEN, PETITIONER,
v.
KENNETH MCGINNIS, WARDEN, ET AL., RESPONDENTS.



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

  OPINION

Sam Gayden ("Gayden") has filed a habeas corpus petition against Kenneth McGinnis, Warden of Stateville Correctional Center ("McGinnis") and others. Gayden advances two grounds for relief:

1) The admission of a preliminary hearing transcript violated Gayden's right to confront the witness; and

2) The State did not prove Gayden guilty beyond a reasonable doubt.*fn1

McGinnis now moves for summary judgment under Fed.R.Civ.P. 56 claiming that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. For the reasons stated herein, this Court grants McGinnis' motion and denies the writ. This Court's jurisdiction rests upon 28 U.S.C. § 2254.*fn2

Facts

On March 1, 1980, Sammie Jones ("Jones") and his employee, Morris Standifer ("Standifer") were robbed by two armed men as Jones and Standifer closed Jones' gas station located on the south side of Chicago. Jones was shot in the hand by one of the robbers during a struggle. Petitioner Gayden and Moses Ladd ("Ladd") were arrested for the crime and charged with armed robbery, armed violence and aggravated battery.

At a preliminary hearing on June 25, 1980, Jones testified that the area was lighted when the robbery occurred and that he had adequate opportunity to view Gayden. Jones described the circumstances of the robbery and identified Gayden as the man who shot him.

At the preliminary hearing, defense counsel cross-examined Jones regarding his identification of Gayden. Defense counsel was precluded from asking Jones if he had seen Gayden subsequent to the robbery. However, defense counsel did question Jones about whether he had seen Gayden prior to the robbery and Jones indicated that he had seen Gayden after the robbery. Inquiries from defense counsel about photo and lineup identifications by Jones were precluded at the hearing.

Prior to trial, Jones died. At a bench trial in the Circuit Court of Cook County, Jones' preliminary hearing transcript was introduced into evidence. Defense counsel's motions to bar introduction of the transcript because of attorney conflict of interest at the preliminary hearing and an inadequate opportunity to cross-examine Jones were denied. Defense counsel's motion to suppress an identification because of an improper lineup was also denied.*fn3

At the trial, Standifer gave testimony which corroborated Jones' preliminary hearing testimony. Gayden was convicted of armed robbery, armed violence and aggravated battery and was sentenced to two 10-year concurrent terms of imprisonment.

The Illinois Appellate Court affirmed the trial court's decision.*fn4 The Illinois Supreme Court denied Gayden's petition for leave to appeal. Gayden then filed the instant habeas corpus petition with this Court.

I. Scope of Review

A federal court's power of review in a habeas corpus proceeding is limited. The federal court must base its decision on the same record considered by the state appellate court. Underlying factual determinations of the state appellate court are presumed to be correct unless it is established that the determination falls within one of the exceptions of 28 U.S.C. § 2254(d). If none of the exceptions of 28 U.S.C. § 2254(d) is applicable, then a federal court must defer to the state court findings and the burden is on the petitioner to show by convincing evidence that the state court's factual determination was ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.