UNITED STATES EX REL. LAWRENCE v. WOODS

No. 18169.

432 F.2d 1072 (1970)

UNITED STATES of America ex rel. Richard LAWRENCE, Petitioner-Appellant, v. Joseph I. WOODS, Sheriff of Cook County, Illinois, and Winston M. Moore, Warden of the Cook County Jail, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

October 19, 1970.


Attorney(s) appearing for the Case

John M. Bowlus, Sheli Z. Rosenberg, Chicago, Ill., for petitioner-appellant.

Edward V. Hanrahan, State's Atty., County of Cook, Chicago, Ill., for respondents-appellees; Robert A. Novelle, Joseph H. Romano, Asst. State's Attys., of counsel.

Before SWYGERT, Chief Judge, DUFFY, Senior Circuit Judge, and CUMMINGS, Circuit Judge.


SWYGERT, Chief Judge.

This is an appeal from a denial of a petition for a writ of habeas corpus filed under the provisions of 28 U.S.C. § 2254. Two questions are presented: (1) whether the case has been mooted, and (2) if not, whether a state appellate tribunal is bound by a prior federal court decision holding a municipal penal ordinance unconstitutional.

The petitioner, Richard Lawrence, was found guilty by a jury in the Circuit Court of Cook County...

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