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UNITED STATES EX REL. KEATING v. BENSINGER

No. 71 C 307.

322 F.Supp. 784 (1971)

UNITED STATES of America ex rel. Pepper KEATING, Petitioner, v. Peter BENSINGER, Director, Department of Corrections, State of Illinois, and Elva Brantley, Warden, Illinois State Penitentiary, Menard, Illinois, Respondents.

United States District Court, N. D. Illinois, E. D.

February 22, 1971.

Attorney(s) appearing for the Case

Ralph Ruebner, Illinois Defender Project, Elgin, Ill., for petitioner.

William J. Scott, Atty. Gen., State of Illinois, Kerry R. Cordis, Asst. Atty. Gen., for respondents.

WILL, District Judge.

MEMORANDUM OPINION

The issue presented by this petition for a writ of habeas corpus is whether a state court's denial of bail pending appeal to a state prisoner, without any statement of reasons for such denial is, under the circumstances of the present case, an arbitrary denial of bail proscribed by the Eighth and Fourteenth Amendments to the Constitution of the United States. For the reasons stated below, we conclude that the petitioner...

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