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EVANS v. YOUNG

No. 87-1627.

854 F.2d 1081 (1988)

Robert EVANS, Petitioner-Appellant, v. Warren YOUNG, Superintendent of Waupun Correctional Institution, and Donald Hanaway, Attorney General of Wisconsin, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 29, 1988.

Attorney(s) appearing for the Case

John E. Tradewell, Wisconsin Public Defender's Office, Madison, Wis., for petitioner-appellant.

William L. Gansner, Asst. Atty. Gen., Wis. Dept. of Justice, Madison, Wis., for respondents-appellees.

Before WOOD, Jr., MANION and KANNE, Circuit Judges.

KANNE, Circuit Judge.

Robert Evans appeals from the district court's order denying his petition for a writ of habeas corpus. He challenges his conviction by a jury in a Wisconsin state court for operating a motor vehicle without the owner's consent and the resulting nine-month sentence. Wis.Stat. § 943.23. A potentially prejudicial remark was made by a passerby to the bailiffs and overheard by some members of the jury...

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