UNITED STATES EX REL. RIVERS v. FRANZEN

No. 81-2599.

692 F.2d 491 (1982)

UNITED STATES of America ex rel. Clarence RIVERS, Petitioner-Appellee, v. Gayle M. FRANZEN and Tyrone Fahner, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 10, 1982.


Attorney(s) appearing for the Case

Mark Sableman, Reuben & Proctor, Chicago, Ill., for petitioner-appellee.

Neal B. Goodfriend, Asst. Atty. Gen., Chicago, Ill., for respondents-appellants.

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


PELL, Circuit Judge.

Pursuant to 28 U.S.C. § 2254 (1976), the petitioner Clarence Rivers sought a writ of habeas corpus in the district court. The four claims of Rivers' amended petition alleged four procedural errors in Rivers' trial in state court: (1) that he was denied due process because of the trial court's failure to hold a post-trial hearing on his competence to have stood trial; (2) that he was in fact incompetent at trial; (3) that he was denied a post...

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