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eBook details

• Title: Smith V. Fairman
• Author : United States Court of Appeals for the Seventh Circuit
• Release Date : January 09, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

On May 4, 1982, following a jury trial in the Circuit Court of Cook County, Illinois, Gregory Smith was convicted of murder, attempted murder, home invasion, burglary, and armed violence. Mr. Smith appealed his conviction to the Illinois Appellate Court and that court sued the conviction in part.*fn1 People v. Smith, 127 Ill. App. 3d 622, 469 N.E.2d 634, 83 Ill. Dec. 27 (1984). The Supreme Court of Illinois denied Mr. Smith's petition for leave to appeal on February 5, 1985. Mr. Smith then filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He challenged his conviction on the following grounds: 1) that the "death qualification" of prospective jurors pursuant to Witherspoon v. Illinois, 391 U.S. 510, 20 L. Ed. 2d 776, 88 S. Ct. 1770 (1968), violated his sixth amendment right to be represented by an impartial jury representing a fair cross-section of the community; 2) that the trial court erred in refusing to permit testimony that would have impeached the State's hearsay declarant, and that the error was not harmless; and 3) that the prosecutor's references during closing argument to Mr. Smith's failure to testify violated his fifth amendment privilege against self-incrimination. The district court denied Mr. Smith's petition for habeas relief in an unpublished order. For the reasons set forth in this opinion, we affirm the judgment of the district court.

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