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UNITED STATES EX REL. FOSTER v. DeROBERTIS

No. 83-2881.

741 F.2d 1007 (1984)

UNITED STATES of America ex rel. Sidney FOSTER, Petitioner-Appellant, v. Richard DeROBERTIS, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 16, 1984.

Attorney(s) appearing for the Case

Omer G. Poirier, Jenner & Block, Chicago, Ill., for petitioner-appellant.

David E. Bindi, Asst. Atty. Gen., Chicago, Ill., for respondent-appellee.

Before PELL and COFFEY, Circuit Judges, and DUMBAULD, Senior District Judge.

PELL, Circuit Judge.

Petitioner Sidney Foster appeals the district court's denial of his petition for a writ of habeas corpus. In August 1975, petitioner was convicted of murder and concealment of a homicidal death by an Illinois trial court. The Illinois Appellate Court, by a divided panel, reversed, finding that the trial court erred in not holding a pre-trial competency hearing and that the State had failed to prove beyond a reasonable doubt that petitioner committed...

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