UNITED STATES EX REL. TOBE v. BENSINGER

No. 73-1331.

492 F.2d 232 (1974)

UNITED STATES of America ex rel. Melvin TOBE, Petitioner-Appellee, v. Peter B. BENSINGER, Director Department of Correction of State of Illinois, and John J. Twomey, Warden, Illinois State Penitentiary, Joliet, Illinois, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 12, 1974.


Attorney(s) appearing for the Case

Jayne A. Carr, Asst. Atty. Gen., Chicago, Ill., for respondents-appellants.

James R. Bronner, Chicago, Ill., for petitioner-appellee.

Before SWYGERT, Chief Judge, SPRECHER, Circuit Judge, and POOS, District Judge.


SPRECHER, Circuit Judge.

This appeal raises the question of whether the district court properly granted a writ of habeas corpus to a state prisoner based on a finding that unauthorized jury communications to the effect that the jury had to keep deliberating and reach a verdict involved such a probability of prejudice that they must be deemed to have resulted in an inherent lack of due process.

I

The defendant, Melvin Tobe, was found guilty in an...

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