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ALLISON v. GRAY

No. 77-1543.

603 F.2d 633 (1979)

Walter ALLISON, Jr., Petitioner-Appellant, v. Ramon L. GRAY, Warden, etc., et al., Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 30, 1979.

Attorney(s) appearing for the Case

Laurence E. Norton, III, Legal Services, Inc., Carlisle, Pa., for petitioner-appellant.

Pamela Magee-Heilprin, Asst. Atty. Gen., Madison, Wis., for respondents-appellees.

Before FAIRCHILD, Chief Judge, SWYGERT, Circuit Judge, and JAMESON, Senior District Judge.

SWYGERT, Circuit Judge.

This appeal presents the question whether precluding a criminal defendant from presenting any alibi evidence, under an unconstitutional, non-reciprocal notice of alibi statute, constituted harmless error.1 On the facts of this case, we cannot say that this federal constitutional error was harmless beyond a reasonable doubt and, therefore, we reverse the district court's denial of habeas corpus relief.

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