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UNITED STATES EX REL. MAXEY v. MORRIS

No. 78-1228.

591 F.2d 386 (1979)

UNITED STATES of America ex rel. Harold D. Maxey and Robert P. Maxey, Petitioners-Appellants, v. Ernest MORRIS, Warden, etc., and Charles Rowe, Director, etc., Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 5, 1979.

Opinion January 31, 1979.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Asst. State App. Defender, Springfield, Ill., for petitioners-appellants.

Thomas C. Crooks, Asst. Atty. Gen., Mark Rotert, Chicago, Ill., for respondents-appellees.

Before FAIRCHILD, Chief Judge, CUMMINGS, Circuit Judge, and GRANT, Senior District Judge.

CUMMINGS, Circuit Judge.

Appellants were found guilty of murder in a 1973 state court jury trial, and sentenced to indeterminate terms of 30 to 60 years in the Illinois State Penitentiary. After unsuccessfully appealing their convictions in the Illinois courts, appellants filed a federal habeas corpus petition1 arguing that because certain evidence seized pursuant to an allegedly invalid search warrant was not suppressed at their trial...

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