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UNITED STATES EX REL. MAYFIELD v. PATE

No. 18381.

451 F.2d 1381 (1971)

UNITED STATES of America ex rel. Clarence MAYFIELD, Petitioner-Appellant, v. Frank J. PATE, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

October 13, 1971.

Attorney(s) appearing for the Case

Clarence Mayfield, pro se; David C. Thomas, Legal Aid Bureau, Chicago, Ill., for petitioner-appellant.

Robert E. Davison, Asst. Atty. Gen., Chicago, Ill., for respondent-appellee.

Before DUFFY, Senior Circuit Judge, and STEVENS and SPRECHER, Circuit Judges.

SPRECHER, Circuit Judge.

In this appeal from the denial of a habeas corpus petition,1 the issue is whether to apply the rule of United States ex rel. Pugh v. Pate, 401 F.2d 6 (7th Cir. 1968), cert. denied, 394 U.S. 999, 89 S.Ct. 1590, 22 L.Ed.2d 777 (1969). This court held in Pugh that the use of a fictitious name on an affidavit for a search warrant invalidates the warrant.

Petitioner was...

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