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EVANS v. LANE

No. 17431.

419 F.2d 1337 (1970)

Roy Jacey EVANS, Petitioner-Appellant, v. Ward LANE, Indiana State Prison, succeeded by Russell Lash since this cause was initiated, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

January 7, 1970.

Attorney(s) appearing for the Case

Ronald J. Sklar, Chicago, Ill., for petitioner-appellant.

William F. Thompson, Theodore L. Sendak, Atty. Gen. of Indiana, Mark Peden, Deputy Atty. Gen., Indianapolis, Ind., for respondent-appellee.

Before KNOCH, Senior Circuit Judge, KERNER, Circuit Judge, and GORDON, District Judge.

KERNER, Circuit Judge.

Petitioner appeals from the denial, without a hearing, of his Habeas Corpus Petition, brought pursuant to 28 U.S.C. § 2254. On appeal petitioner asserts two independent grounds for relief. First, it is urged that the case be remanded for a hearing to determine whether the petitioner knowingly and intelligently waived his constitutional right to a full direct appeal. Second, it is urged that the Indiana post-conviction procedures contained...

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