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UNITED STATES EX REL. HAYWOOD v. WOLFF

No. 80-1565.

658 F.2d 455 (1981)

UNITED STATES of America ex rel. Melvin HAYWOOD, Petitioner-Appellee, v. Dennis WOLFF, Warden, Joliet Penitentiary, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 18, 1981.

As Corrected August 20, 1981.

Attorney(s) appearing for the Case

Neal B. Goodfriend, Asst. Atty. Gen., Chicago, Ill., for respondent-appellant.

Sam Adam, Chicago, Ill., for petitioner-appellee.

Before SWYGERT, PELL, and BAUER, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment of the district court, 490 F.Supp. 1154, granting an Illinois state prisoner's petition for habeas corpus and ordering his retrial or release from custody within 120 days.1 The principal issue presented is whether the introduction at trial of the preliminary hearing testimony of a deceased witness denied petitioner his constitutional right to confront the...

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