UNITED STATES EX REL. DiGIACOMO v. FRANZEN

No. 80-2126.

680 F.2d 515 (1982)

UNITED STATES of America ex rel. James G. DiGIACOMO, Plaintiff-Appellant, v. Gayle FRANZEN, Director, Department of Corrections, and James Greer, Warden, Menard Penitentiary, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 14, 1982.


Attorney(s) appearing for the Case

Ralph Ruebner, Deputy State Appellate Defender, Chicago, Ill., for plaintiff-appellant.

William M. Wippold, Asst. Atty. Gen., Chicago, Ill., for respondents-appellees.

Before PELL, WOOD and ESCHBACH, Circuit Judges.


PER CURIAM.

In this appeal from the denial of a petition for a writ of habeas corpus, petitioner James G. DiGiacomo claims that he was denied a fair trial when the state was allowed to use mathematical probability to identify him as the perpetrator of a crime. We hold that the admission of the challenged testimony violated no right guaranteed by the Constitution and affirm the district court's judgment denying the petition.

I

In March 1977, James...

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