UNITED STATES EX REL. ANTHONY v. SIELAFF

No. 76-1822.

552 F.2d 588 (1977)

UNITED STATES of America ex rel. Eddie Lee ANTHONY, Petitioner-Appellant, v. Allyn R. SIELAFF, Director and Thomas R. Israel, Warden of the Illinois State Penitentiary, Menard, Illinois, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 8, 1977.


Attorney(s) appearing for the Case

James Geis, Deputy State Appellate Defender, Richard Steck, Asst. State Appellate Defender, Chicago, Ill., for petitioner-appellant.

William J. Scott, Atty. Gen., Gerri-Papushkewych, Asst. Atty. Gen., Springfield, Ill., for respondents-appellees.

Before PELL and BAUER, Circuit Judges, and CAMPBELL, Senior District Judge.


BAUER, Circuit Judge.

The issue on this appeal from the dismissal of the petitioner's habeas corpus petition is whether the state trial judge unconstitutionally coerced the jury by repeatedly polling them during deliberations in order to ascertain whether they could reach a verdict.

Inasmuch as the petitioner partially rests his argument on the nature of the jury's verdict as well as on the instructions given, it...

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