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UNITED STATES EX REL. KOWAL v. ATTORNEY GENERAL

No. 82 C 3132.

550 F.Supp. 447 (1982)

UNITED STATES ex rel. Marion KOWAL, Petitioner, v. The ATTORNEY GENERAL OF the STATE OF ILLINOIS, Respondent.

United States District Court, N.D. Illinois, E.D.

October 26, 1982.

Attorney(s) appearing for the Case

Terry A. Ekl, Chicago, Ill., for petitioner.

Tyrone C. Fahner, Atty. Gen., State of Ill. by Ellen M. Flaum, Asst. Atty. Gen., Chicago, Ill., for respondent.

MEMORANDUM AND ORDER

BUA, District Judge.

Marion Kowal ("petitioner") was convicted of retail theft and sentenced to three years imprisonment on November 12, 1980, in the Circuit Court of DuPage County. Prior to his sentencing, he moved for a new trial on the basis of newly discovered evidence and ineffective assistance of counsel. After a hearing, the trial court denied the motion and the Illinois Appellate Court affirmed. People v. Marion Kowal,

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