UNITED STATES EX REL. KENDZIERSKI v. BRANTLEY

No. 18680.

447 F.2d 806 (1971)

UNITED STATES of America ex rel. Thaddeus KENDZIERSKI, Petitioner-Appellant, v. Elza BRANTLEY, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

August 6, 1971.


Attorney(s) appearing for the Case

Stanley A. Bass, New York City, for petitioner-appellant.

Wm. J. Scott, Atty. Gen., Robert E. Davison, James B. Zagel, Warren K. Smoot, Asst. Attys. Gen., Chicago, Ill., for respondent-appellee.

Before FAIRCHILD, CUMMINGS and STEVENS, Circuit Judges.


STEVENS, Circuit Judge.

The issue raised by this appeal is whether the facts alleged in Kendzierski's habeas corpus petition require an Illinois court or a federal court either to hold an evidentiary hearing or to examine the record of the proceedings which led to his incarceration in the Illinois State Penitentiary. He is presently in custody, possibly for life, as the result of a verdict returned by a jury in the First Municipal District of the Circuit Court of...

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