ROGERS v. ISRAEL

No. 83-1001.

746 F.2d 1288 (1984)

Walter ROGERS, Petitioner-Appellant, v. Thomas ISRAEL, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 16, 1984.


Attorney(s) appearing for the Case

William J. Tyroler, Wis. Public Defender, Milwaukee, Wis., for petitioner-appellant.

Thomas J. Balistreri, Asst. Atty. Gen., Wis. Dept. of Justice, Madison, Wis., for respondent-appellee.

Before CUDAHY and FLAUM, Circuit Judges, and KELLAM, Senior District Judge.


FLAUM, Circuit Judge.

This is an appeal from the district court's denial of a petition for a writ of habeas corpus. For the reasons set forth below, we remand the case to the district court.

In the late afternoon of May 29, 1976, the petitioner and Angelo Griffin were at a tavern in Racine, Wisconsin, where they became involved in a dice game with other patrons. When the petitioner refused to pay off on a bet, Griffin pulled the money from the petitioner's...

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