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Hedger v. Pierce

November 1, 2010

DANIEL GREGORY HEDGER, PETITIONER,
v.
GUY D. PIERCE, ET AL., RESPONDENTS.



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

MEMORANDUM AND ORDER

Petitioner Daniel Gregory Hedger, currently incarcerated in the Pontiac Correctional Center, brings this habeas corpus action pursuant to 28 U.S.C. § 2254 to challenge the constitutionality of his confinement. He seeks leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, and the Court finds that he is indigent. Therefore, the motion for leave to proceed in forma pauperis (Doc. 2) is GRANTED.

THE PETITION

In 2002, Hedger was convicted of first degree murder in Saline County, Illinois; he currently is serving a 30-year sentence. After pursuing his direct appeal and post-conviction proceedings in state court, Hedger now presents nine separate grounds for relief in his federal habeas corpus petition:

! his right to due process was violated due to a Brady violation regarding discovery;

! his right to due process was violated with presentation of forensic evidence that had been destroyed by the state's expert witness;

! the evidence did not support a finding of guilt beyond a reasonable doubt;

! his right to due process was violated due to prosecutorial misconduct;

! trial counsel was ineffective in failing to present evidence of Hedger's intoxication as a defense;

! trial counsel was ineffective in failing to produce expert testimony regarding Hedger's bi-polar condition;

! his right to due process was violated by improper comments by the state's attorney during closing arguments;

! his right to due process was violated by a finding a guilt "against the manifest weight of the evidence"; and

! appellate counsel was ineffective in failing to raise all the above ...


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