MYERS v. FRYE

No. 16289.

436 F.2d 579 (1971)

John Edwin MYERS, Plaintiff-Appellant, v. Max FRYE, Warden of Illinois State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

January 4, 1971.


Attorney(s) appearing for the Case

Joseph Cohn, E. St. Louis, Ill., for plaintiff-appellant.

William G. Clark, Atty. Gen., Phillip Rock, Asst. Atty. Gen., Chicago, Ill., John M. Karns, State's Atty., St. Clair County, Belleville, Ill., for respondent-appellee, John J. O'Toole, Asst. Atty. Gen., of counsel.

Before KNOCH, Senior Circuit Judge, and KILEY and CUMMINGS, Circuit Judges.


SUPPLEMENTAL OPINION

KILEY, Circuit Judge.

On July 12, 1968 this court filed an opinion in the above cause which held that

* * * the facts were not fully developed in the state court proceeding, Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770, so as to render the Illinois decision of voluntariness binding on the district court, and that the district court should conduct an evidentiary hearing for determination...

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