Etherly v. Schwartz, No. 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.  

Read Etherly v. Schwartz, No. 09-3535

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division

Decided December 31, 2009

Judges

Before: Bauer, Ripple, and Kanne, Circuit Judges

Per Curium Opinion