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KENNEDY v. PINKNEY

No. 78-1234.

473 F.Supp. 1279 (1979)

James Albert KENNEDY, Petitioner, v. Warden Thaddeus PINKNEY, Respondent.

United States District Court, C. D. Illinois.

July 31, 1979.

Attorney(s) appearing for the Case

Glenn O. Fuller, Decatur, Ill., for petitioner.

James A. Devine, Asst. Atty. Gen., Springfield, Ill., for respondent.

DECISION AND ORDER

ROBERT D. MORGAN, Chief Judge.

An Illinois jury found petitioner guilty of rape, after a previous jury had been unable to reach a verdict on that charge while acquitting him of deviate sexual assault arising from the same incident. The Appellate Court of Illinois, Fourth District, affirmed the conviction, one justice writing a strong dissent, 60 Ill.App.3d 947, 18 Ill.Dec. 345,

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