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Norman v. Elrod

Supreme Court of Illinois
Mar 21, 1979
76 Ill. 2d 426 (Ill. 1979)

Opinion

No. 51521. Motion denied.

Order entered March 21, 1979.

Motion for leave to file an original petition for habeas corpus.

Rick Halprin, of Halprin, Halprin Cantor, Ltd., of Chicago, for petitioner.

Bernard Carey, State's Attorney, of Chicago, for respondents.


Petitioner seeks a writ of habeas corpus, claiming that he was incorrectly advised at the time of his plea of guilty that there would be no mandatory parole term following the expiration of his sentence. No claim is made that the trial court lacked jurisdiction over the subject matter or over defendant's person, and habeas corpus is not available. ( Hughes v. Kiley (1977), 67 Ill.2d 261; Long v. Israel (1977), 56 Ill. App.3d 14.) The motion by petitioner for leave to file a petition for an original writ of habeas corpus is denied, without prejudice to the right of petitioner to file a post-conviction petition in the trial court.

Motion denied.


Summaries of

Norman v. Elrod

Supreme Court of Illinois
Mar 21, 1979
76 Ill. 2d 426 (Ill. 1979)
Case details for

Norman v. Elrod

Case Details

Full title:JOHN DAVID NORMAN, Petitioner, v. RICHARD ELROD, Sheriff, et al.…

Court:Supreme Court of Illinois

Date published: Mar 21, 1979

Citations

76 Ill. 2d 426 (Ill. 1979)
394 N.E.2d 1043

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