UNITED STATES v. BURKE

No. 16020.

379 F.2d 656 (1967)

UNITED STATES ex rel. Patrick J. O'NEILL, Petitioner-Appellant, v. John C. BURKE, Warden, Wisconsin State Prison, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

June 20, 1967.


Attorney(s) appearing for the Case

John E. Coons, Chicago, Ill., for appellant.

Bronson C. LaFollette, Atty. Gen., Thomas A. Lockyear, Asst. to Atty. Gen., Madison, Wis., William A. Platz, Asst. Atty. Gen., Madison, Wis., for appellee.

Before CASTLE, SWYGERT and CUMMINGS, Circuit Judges.


CUMMINGS, Circuit Judge.

Petitioner has appealed from an order denying his petition for habeas corpus. The District Court required the respondent to file an answer to the petition. Because the petitioner had supposedly exhausted his state remedies and apparently believing the state proceedings to be inadequate, the District Court ordered an evidentiary hearing in accordance with Townsend v. Sain, 372 U.S. 293...

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