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Sullivan v. Ramos

April 26, 2010

MICHAEL SULLIVAN, PETITIONER,
v.
ANTHONY RAMOS, RESPONDENT.



The opinion of the court was delivered by: Judge Ronald A. Guzmán

MEMORANDUM OPINION AND ORDER

Petitioner, Michael Sullivan, seeks a writ of habeas corpus against Stateville Correctional Center Warden, Anthony Ramos, pursuant to 28 U.S.C. § 2254. Presently before the Court are Petitioner's motion to stay and hold in abeyance the petition for writ of habeas corpus and Respondent's motion to dismiss. For the reasons stated below, the Petitioner's motion to stay and hold in abeyance the petition for writ of habeas corpus is denied and Respondent's motion to dismiss is granted.

Background

On May 3, 1995, following a jury trial in the Circuit Court of Cook County, Illinois, Petitioner was convicted of two counts of first degree murder and five counts of attempted murder. On June 20, 1995, the trial court sentenced Petitioner to natural life imprisonment for the two murder convictions and concurrent terms of thirty years' imprisonment for each of the attempted murder convictions, to be served consecutively to the natural life terms.

Petitioner appealed his conviction and sentence to the Illinois Appellate Court, First District; and on December 27, 1996, the state appellate court affirmed. Petitioner filed a pro se petition for leave to appeal ("PLA") in the Illinois Supreme Court. On June 4, 1997, the Illinois Supreme Court denied Petitioner's PLA.

On September 26, 2006, Petitioner filed, in the state trial court, a pro se petition for post-conviction relief. The post-conviction petition alleged that:

a. he could produce newly discovered evidence in the form of a recantation affidavit from Latrice Cooper (dated in 2003) and a signed, but not notarized, statement from Jonathon Foster (dated in 2005), two state witnesses who had identified petitioner as the shooter, supported his claim of actual innocence;

b. there was lack of probable cause to arrest petitioner;

c. petitioner's subsequent statement should have been suppressed as the fruit of the unlawful arrest;

d. the state knowingly used Cooper's and Foster's allegedly perjured testimony;

e. the State failed to prove Sullivan guilty beyond a reasonable doubt;

f. the state withheld, in violation of Brady v. Maryland, 373 U.S. 83 (1963), police reports and statements from Diane Dixon and Torreous Keefer indicating that rival gang members were the shooters who killed the victims;

g. trial counsel was ineffective for:

(1) failing to properly challenge Petitioner's arrest and admission of his inculpatory statement;

(2) failing to interview witnesses prior to the motion to quash arrest;

(3) stipulating that Petitioner had received his Miranda rights at the police station;

(4) failing to suppress Foster's identification of Petitioner;

(5) pursuing an unreasonable self-defense theory and coercing Petitioner to testify;

(6) failing to file a motion to quash arrest and suppress evidence based upon Foster's and Cooper's ...


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