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U. S. EX REL. McCLINDON v. WARDEN, ILL., ETC.

Nos. 77-1197, 77-1198.

575 F.2d 108 (1978)

UNITED STATES ex rel. Charles McCLINDON, Petitioner-Appellee, Cross-Appellant, v. WARDEN, ILLINOIS STATE PENITENTIARY, STATEVILLE BRANCH, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 27, 1978.

As Amended May 5, 1978.

Attorney(s) appearing for the Case

William J. Scott, Atty. Gen., Thomas W. Connors, Asst. Atty. Gen., Chicago, Ill., for Warden, Ill. State Penitentiary.

Kenneth N. Flaxman, Chicago, Ill., for McClindon.

Before PELL, TONE and BAUER, Circuit Judges.

BAUER, Circuit Judge.

Following a state jury trial, McClindon and his codefendant Millard Hubbard were convicted of murdering Leon Hunt on January 21, 1968. After exhausting his state court remedies, McClindon sought federal habeas relief in the district court on the grounds that he had been convicted on the basis of insufficient evidence and that he had been denied the effective assistance of counsel at trial. The district...

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