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MACON v. LASH

No. 18611.

458 F.2d 942 (1972)

Peter P. MACON, Petitioner-Appellant, v. Russell E. LASH, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

April 6, 1972.

Attorney(s) appearing for the Case

Michael J. Smith, Chicago, Ill., for petitioner-appellant.

Theodore L. Sendak, Atty. Gen., Mark Peden, Deputy Atty. Gen., Indianapolis, Ind., for respondent-appellee.

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

STEVENS, Circuit Judge.

In his application for a writ of habeas corpus petitioner alleged that his right to appeal from his murder conviction was lost because of the "incompetence and fatal negligence" of his court-appointed counsel. The question for us is whether his federal claim had been "fairly presented" to the Indiana courts before it was denied by the district court. To answer this question we must (1) state the claim...

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