UNITED STATES EX REL. PENNINGTON v. PATE

No. 17018.

409 F.2d 757 (1969)

UNITED STATES of America ex rel. Charles PENNINGTON, Petitioner-Appellant, v. Frank J. PATE, Warden, Illinois State Penitentiary, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

April 17, 1969.


Attorney(s) appearing for the Case

Joseph N. Morency, Jr., Charles Pennington, Chicago, Ill., for appellant.

William G. Clark, Atty. Gen., State of Ill., Thomas E. Brannigan, Asst. Atty. Gen., Chicago, Ill., for appellee, John J. O'Toole, Asst. Atty. Gen., of counsel.

Before CASTLE, Chief Judge, SWYGERT and KERNER, Circuit Judges.


SWYGERT, Circuit Judge.

This case presents the question whether the denial by the Supreme Court of Illinois of the request of petitioner, Charles Pennington, for counsel to represent him on appeal from an adverse decision of the Illinois Appellate Court was a violation of the equal protection and due process clauses of the fourteenth amendment. This matter is before us on appeal from the district court's denial of Pennington's petition for a writ of habeas corpus...

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