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UNITED STATES EX REL. HOLLOWAY v. DETELLA

May 27, 1997

UNITED STATES OF AMERICA ex rel. TYRONE HOLLOWAY, Petitioner,
v.
GEORGE E. DETELLA, Warden and JAMES E. RYAN, Illinois Attorney General, Respondents.



The opinion of the court was delivered by: NORGLE

 CHARLES R. NORGLE, SR., District Judge:

 Before the court is Petitioner Tyrone Holloway's ("Holloway") Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254. For the following reasons, the Petition is denied.

 I. FACTS

 Rendering a general verdict, a jury in the Circuit Court of Cook County, Illinois, found Petitioner Tyrone Holloway ("Holloway") guilty of separate counts of murder, aggravated arson, armed robbery, and burglary. He received the following sentences: murder - natural life; aggravated arson - sixty years; armed robbery - sixty years; and burglary - fourteen years. People v. Holloway, 119 Ill. App. 3d 1014, 457 N.E.2d 466, 468, 75 Ill. Dec. 472 (Ill. App. Ct. 1983). In short, the jury found that Holloway and an accomplice broke into the house of an elderly woman, beat her to death, or to the verge of death, with a golf club, robbed her, and set fire to her home.

 The murder instruction to the jury read as follows:

 
. To sustain the charge of murder, the State must prove the following propositions:
 
. First: That the defendant, or one for whose conduct he is responsible, performed the acts which caused the death of Inez Lazzari.
 
. Second: That when the defendant, or one for whose conduct he is responsible, did so,
 
. he intended to kill or do great bodily harm to Inez Lazzari; or
 
. he knew that his act would cause death or great bodily harm to Inez Lazzari, or
 
. he knew that his acts created a strong probability of death or great bodily harm to Inez Lazzari, or
 
. he was attempting to commit or was committing the crimes of aggravated arson, or burglary, or armed robbery.
 
. If you find from your consideration of all the evidence that each of these propositions has been proved beyond a reasonable doubt, then you should find the defendant guilty.
 
. If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved beyond a reasonable doubt, then ...

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