UNITED STATES EX REL. GREEN v. PATE

No. 17100.

411 F.2d 884 (1969)

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

United States Court of Appeals Seventh Circuit.

June 4, 1969.


Attorney(s) appearing for the Case

Joseph A. Marino, Chicago, Ill., for appellant.

William J. Scott, Atty. Gen., Thomas J. Immel, Asst. Atty. Gen., Chicago, Ill., for appellee; James R. Thompson, Joel M. Flaum, Asst. Attys. Gen., of counsel.

Before MAJOR, Senior Circuit Judge, and SWYGERT and KERNER, Circuit Judges.


MAJOR, Senior Circuit Judge.

Petitioner was sentenced to a term of not less than three or more than eight years by the Circuit Court of Cook County, Illinois, on August 6, 1965. He was an indigent represented by court-appointed counsel, and the judgment of conviction was rendered on his plea of guilty. On September 30, 1966, more than thirteen months after rendition of judgment, petitioner filed in the Illinois Appellate Court a petition for leave to appeal late,...

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