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GRAY v. GREER

No. 83-2779.

800 F.2d 644 (1985)

David A. GRAY, Petitioner-Appellant, v. James GREER, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 27, 1985.

Reissued September 11, 1986.

As Amended September 25, 1986.

Attorney(s) appearing for the Case

Jerold Solovy, Jenner & Block, Chicago, Ill., for petitioner-appellant.

James V. Cinotto, Asst. Atty. Gen., Chicago, Ill., for respondent-appellee.

Before BAUER and FLAUM, Circuit Judges, and GRANT, Senior District Judge.

FLAUM, Circuit Judge.

In 1978, petitioner David Gray was convicted of rape, attempted murder and armed robbery and sentenced to sixty years in prison. Petitioner appeals from the dismissal of his habeas corpus petition. For the reasons stated below, we reverse the magistrate's order of dismissal and remand to the district court for proceedings consistent with this opinion.

David Gray was first tried for the rape of Ann Brewer on March 28, 1978. His defense...

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