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U. S. v. WARDEN, PONTIAC STATE CORRECTIONAL CENTER

No. 75 C 16.

417 F.Supp. 970 (1976)

UNITED STATES of America ex rel. Johnny Mack BROWN, Petitioner, v. WARDEN, PONTIAC STATE CORRECTIONAL CENTER, Respondent.

United States District Court, N. D. Illinois, E. D.

July 29, 1976.

Attorney(s) appearing for the Case

William J. Reifman, Philip J. McAleer of Mayer, Brown & Platt, Chicago, Ill., for petitioner.

Donald Hubert, Asst. Atty. Gen. of Ill., Chicago, Ill., for respondent.

MEMORANDUM DECISION

MARSHALL, District Judge.

Respondent's motion for summary judgment in this habeas corpus action, 28 U.S.C. § 2254, presents the issue of whether the petitioner has deliberately by-passed state remedies, thus foreclosing federal collateral attack of his state criminal conviction.

In November 1971, petitioner Johnny Mack Brown was convicted of rape and burglary. The evidence of...

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