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UNITED STATES EX REL. KIRBY v. STURGES

No. 73-2057.

510 F.2d 397 (1975)

UNITED STATES of America ex rel. Thomas KIRBY, Petitioner-Appellant, v. David R. STURGES, Chairman of the Illinois Parole and Pardon Board (or his successor), Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 28, 1975.

Certiorari Denied June 9, 1975.

Attorney(s) appearing for the Case

Robert L. Graham, Jerold S. Solovy, Chicago, Ill., for petitioner-appellant.

William J. Scott, Atty. Gen., Jayne A. Carr, Asst. Atty. Gen., Chicago, Ill., for respondent-appellee.

Before FAIRCHILD and STEVENS, Circuit Judges, and LARAMORE, Senior Judge.

Certiorari Denied June 9, 1975. See 95 S.Ct. 2424.

STEVENS, Circuit Judge.

Having failed, on direct review of his robbery conviction, to persuade the Supreme Court to hold that evidence of his identification at a pre-indictment showup was inadmissible because he was not represented by counsel, Kirby v. Illinois, 406 U.S. 682, 92 S.Ct. 1877, 32 L.Ed.2d 411, Kirby now presents us with two questions which the Supreme Court has...

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