UNITED STATES EX REL., ZEMBOWSKI v. DeROBERTIS

No. 85-1014.

771 F.2d 1057 (1985)

UNITED STATES of America, ex rel., Daniel M. ZEMBOWSKI, Petitioner-Appellee, v. Richard DeROBERTIS, Warden, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 27, 1985.


Attorney(s) appearing for the Case

James A. Clark, Schiff, Hardin & Waite, Chicago, Ill., for petitioner-appellee.

James E. Fitzgerald, Asst. Atty. Gen., Chicago, Ill., for respondent-appellant.

Before CUMMINGS, Chief Judge, ESCHBACH, Circuit Judge, and WRIGHT, Senior Circuit Judge.


CUMMINGS, Chief Judge.

Daniel M. Zembowski, petitioner herein, filed a petition for a writ of habeas corpus from a conviction in state court for armed robbery. The petition alleged that during the joint trial of petitioner, trial counsel had a conflict of interest. The district court granted petitioner the relief requested on summary judgment. We affirm.

I

The facts are undisputed. On January 4, 1979, two men and one woman robbed a jewelry store...

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