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ROSS v. HEYNE

Nos. 80-1318, 80-1394.

638 F.2d 979 (1980)

Magnolia ROSS, Petitioner-Appellee-Appellant, v. Robert HEYNE and Theodore L. Sendak, Respondents-Appellants-Appellees.

United States Court of Appeals, Seventh Circuit.

December 10, 1980.

Attorney(s) appearing for the Case

David Capp, Merrillville, Ind., for Ross.

David L. Steiner, Asst. Atty. Gen., Indianapolis, Ind., for Heyne et al.

Before SPRECHER, Circuit Judge, WISDOM, Senior Circuit Judge, and BAUER, Circuit Judge.

BAUER, Circuit Judge.

After exhausting her state court remedies, petitioner Magnolia Ross filed a petition for a writ of habeas corpus in the District Court for the Northern District of Indiana. She claimed that she was denied due process when the state knowingly used false testimony and that she was denied the effective assistance of counsel. The district court granted Ross' petition on the ground that she had been denied due process, but found that she was not denied...

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