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UNITED STATES EX REL. PIERCE v. CANNON

No. 74-1059.

508 F.2d 197 (1974)

UNITED STATES of America ex rel. Roger PIERCE, an inmate of the Illinois State Penitentiary, Petitioner-Appellant, v. Joseph G. CANNON, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 31, 1974.

Attorney(s) appearing for the Case

John T. Moran, Kenneth N. Flaxman, Chicago, Ill., for petitioner-appellant.

William J. Scott, Atty. Gen., Charles H. Levad and Thomas Connors, Asst. Attys. Gen., Chicago, Ill., for respondent-appellee.

Before BARNES, Senior Circuit Judge, and PELL and SPRECHER, Circuit Judges.

SPRECHER, Circuit Judge.

The issue in this case is whether testimony concerning an admittedly suggestive pre-indictment lineup should have been excluded from petitioner's state criminal trial.

I

Petitioner Roger Pierce brought this action seeking a writ of habeas corpus pursuant to 28 U.S.C. §§ 2241-2254. Pierce is presently detained at the Illinois State Penitentiary in Joliet, Illinois as the result of his conviction for attempted robbery...

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