Etherly v. Schwartz, 09-3535
In habeas proceedings of a defendant convicted of first degree murder when he was fifteen years old and sentenced to a forty-year term of imprisonment, state's motion for a stay of release is granted as it is not likely that district court's grant of habeas relief will be affirmed as traditional factors for a stay overcome the petitioner's presumption in favor of release.
- Argued 12/11/2009
- Decided 12/31/2009
- Published 12/31/2009
- PER CURIAM., Before BAUER, RIPPLE, and KANNE, Circuit Judges.
- United States Seventh Circuit
- For Appellees:
- John J. Hamill, Attorney, Kevin Case (argued), Jenner & Block LLP, Chicago, IL, for Petitioner-Appellee., Karl R. Triebel, Attorney (argued), Office of the Attorney General, Chicago, IL, for Respondent-Appellant.