Fred M. Vinson

“ The Attorney General explains the circuit court's denial of the petition for the writ as based upon state procedural grounds: that habeas corpus was not an appropriate remedy for the relief of denials of due process. He contends, however, that while the circuit court was correct in its interpretation of Illinois law when it denied the petition, certain statements in the Illinois Supreme Court's opinions in People v. Loftus, 400 Ill. 432, 81 N.E.2d 495; People v. ”

“ Nierstheimer, are granted. The orders denying petitions for writs of habeas corpus in these cases, together with that in No. 265, Misc., Smith v. Ragen, [2] are vacated and the causes remanded for similar consideration. ”

“ Seven other petitions for certiorari which raise substantial questions under the due-process clause of the Fourteenth Amendment are now before this Court following denials of habeas corpus by Illinois circuit courts or the Criminal Court of Cook County. In none of these cases was a hearing held or the petitioner permitted to submit proof of the truth of his allegations. In three instances, the denial of habeas corpus occurred prior to the supreme court's 'announcement' in People v. ”