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STEPNIEWSKI v. GAGNON

No. 83-1897.

732 F.2d 567 (1984)

Richard STEPNIEWSKI, Petitioner-Appellee, v. Superintendent John GAGNON and Attorney General of the State of Wisconsin, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 12, 1984.

Attorney(s) appearing for the Case

Michael R. Klos, Asst. Atty. Gen., Wis. Dept. of Justice, Madison, Wis., for respondents-appellants.

Richard E. Reilly, Gimbel, Gimbel & Reilly, Milwaukee, Wis., for petitioner-appellee.

Before PELL, BAUER, Circuit Judges, and MAROVITZ, Senior District Judge.

BAUER, Circuit Judge.

Petitioner-Appellee Richard Stepniewski filed a petition for a writ of habeas corpus in the district court claiming that his conviction without proof of criminal intent violates his constitutional right to due process of law. The district court agreed and granted the writ. Stepniewski v. Gagnon, 562 F.Supp. 329 (E.D.Wis.1983). We reverse.

I

On February 15, 1980, Stepniewski was convicted...

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