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UNITED STATES EX REL. ROBINSON v. McGINNIS

No. 83-2433.

593 F.Supp. 175 (1984)

UNITED STATES ex rel., Alan D. ROBINSON, Petitioner, v. Kenneth McGINNIS and Neil Hartigan, Respondents.

United States District Court, C.D. Illinois, Danville Division.

August 20, 1984.

Attorney(s) appearing for the Case

George Taseff, Bloomington, Ill., for petitioner.

Kenneth A. Fedinets, Asst. Atty. Gen., Chicago, Ill., for respondents.

ORDER

BAKER, District Judge.

This matter is before the court on the petitioner's motion for summary judgment. The motion presents two issues: (1) Whether it is constitutionally permissible in a state criminal prosecution for the trial judge to refuse to permit material alibi witnesses to testify because the defense failed to give timely notice of its intended alibi defense, and (2) whether it is constitutionally permissible in a state criminal prosecution...

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