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UNITED STATES EX REL. CABAN v. ROWE

No. 77 C 3979.

449 F.Supp. 360 (1978)

UNITED STATES of America ex rel. Felix CABAN, Petitioner, v. Charles ROWE, Director of Illinois Department of Corrections, et al., Respondents.

United States District Court, N. D. Illinois, E. D.

April 14, 1978.

Attorney(s) appearing for the Case

Thomas Peters, Murphy, Putnick, Peters & Davis Ltd., Chicago, Ill., for petitioner.

William J. Scott, Atty. Gen., State of Illinois, Chicago, Ill., for respondents.

Memorandum

LEIGHTON, District Judge.*

This petition for a writ of habeas corpus, and respondents' motion to dismiss, require the court to determine whether United States ex rel. Baker v. Finkbeiner, 551 F.2d 180, a 1977 ruling by the Seventh Circuit Court of Appeals, is a decision that has retroactive application. The issue presented is whether Baker declared a new rule of law or...

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