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UNITED STATES EX REL. ROSS v. FRANZEN

No. 80-1118.

668 F.2d 933 (1982)

UNITED STATES of America ex rel. Theodore ROSS, Petitioner-Appellant, v. Gayle FRANZEN, Director, Department of Corrections, Dennis Wolff, Warden, Joliet Correctional Center, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 13, 1982.

Rehearing and Rehearing Granted and Opinion Vacated May 3, 1982.

Attorney(s) appearing for the Case

Michael Mulder, Asst. State Appellate Defender, Chicago, Ill., for petitioner-appellant.

Jack Donatelli, Asst. Atty. Gen., Chicago, Ill., for respondents-appellees.

Before PELL and CUDAHY, Circuit Judges and FAIRCHILD, Senior Circuit Judge.

Rehearing and Rehearing En Banc Granted and Opinion Vacated May 3, 1982.

FAIRCHILD, Senior Circuit Judge.

Petitioner Ross sought a writ of habeas corpus from the district court, alleging that the state trial court had abridged his constitutional rights by refusing to include a plain "not guilty" form among the verdict forms given to the jury. The district court dismissed the petition, finding presumptively correct under 28 U.S.C. § 2254(d), and unrebutted...

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