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UNITED STATES EX REL. ROSS v. FRANZEN

No. 80-1118.

688 F.2d 1181 (1982)

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

United States Court of Appeals, Seventh Circuit.

Decided September 24, 1982.

Attorney(s) appearing for the Case

Michael Mulder, Valparaiso, Ind., for petitioner-appellant.

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

Before CUMMINGS, Chief Judge, and PELL, BAUER, WOOD, CUDAHY, POSNER, ESCHBACH and COFFEY, Circuit Judges.

Decided En Banc September 24, 1982.

PELL, Circuit Judge.

Petitioner Ross appeals the dismissal of his petition for a writ of habeas corpus. Ross had been found guilty of murder in an Illinois court. He claimed in his federal habeas petition that the state trial court's failure to submit a "not guilty" verdict form to the jury violated his Sixth and Fourteenth Amendment rights. At issue on appeal is whether the district...

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