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KENNEDY v. FAIRMAN

No. 79-1957.

618 F.2d 1242 (1980)

James Albert KENNEDY, Petitioner-Appellee, v. Jay FAIRMAN, Warden, Pontiac Correctional Center, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 11, 1980.

Attorney(s) appearing for the Case

Melbourne A. Noel, Jr., Asst. Atty. Gen., Crim. Div., Chicago, Ill., for respondent-appellant.

Glenn O. Fuller, Decatur, Ill., for petitioner-appellee.

Before CUMMINGS, SPRECHER and TONE, Circuit Judges.

SPRECHER, Circuit Judge.

The question raised in this appeal is whether the district court erred in holding that the statements made by petitioner were obtained in violation of his right to counsel under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). We hold that petitioner waived his right to counsel and reverse the judgment below.

I

Petitioner, James Kennedy, was arrested on July 30...

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