SIVERSON v. O'LEARY

No. 84-1270.

764 F.2d 1208 (1985)

Charles M. SIVERSON, Petitioner-Appellee, v. Michael O'LEARY and Neil F. Hartigan, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 10, 1985.


Attorney(s) appearing for the Case

Robert A. Morelli, Telford & Morelli, LaSalle, Ill., for petitioner-appellee.

Mark L. Rotert, Chief Crim. Appeals Div., Chicago, Ill., for respondents-appellants.

Before FLAUM, Circuit Judge, PELL, Senior Circuit Judge, and WISDOM, Senior Circuit Judge.


FLAUM, Circuit Judge.

Respondents appeal from a district court order granting Charles M. Siverson's petition for a writ of habeas corpus on the ground that his trial counsel's absence from the courtroom during jury deliberations and the return of the verdicts at his trial deprived him of effective assistance of counsel in violation of the Sixth Amendment. For the reasons set forth below, we reverse.

I.

On November 6 and 7, 1979, petitioner Siverson...

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