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SHILLCUTT v. GAGNON

No. 84-C-1024.

602 F.Supp. 1280 (1985)

James B. SHILLCUTT, Plaintiff, v. John R. GAGNON, Respondent.

United States District Court, E.D. Wisconsin.

February 20, 1985.

Attorney(s) appearing for the Case

Mark Lukoff, Wis. Public Defender, Milwaukee, Wis., for plaintiff.

Bronson C. La Follette, Atty. Gen. of Wis., Madison, Wis., for respondent.

DECISION and ORDER

MYRON L. GORDON, Senior District Judge.

The petitioner seeks habeas corpus relief pursuant to 28 U.S.C. § 2254. He alleges that his constitutional right to a fair and impartial jury was violated when one of the jurors made a racially prejudiced remark during the jury's deliberations. Since the record includes thorough briefs on the issue in controversy, no evidentiary hearing is necessary. The petition will be denied.

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