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RUIZ v. CADY

No. 78-C-170.

548 F.Supp. 764 (1982)

Frank J. RUIZ, Petitioner, v. Elmer O. CADY, Superintendent, Wisconsin State Reformatory, Respondent.

United States District Court, E. D. Wisconsin.

August 11, 1982.

Attorney(s) appearing for the Case

David C. Niblack, State Public Defender by Charles B. Vetzner, Asst. State Public Defender, Madison, Wis., for petitioner.

Bronson C. LaFollette, Wis. Atty. Gen. by Michael R. Klos, Asst. Atty. Gen., Madison, Wis., for respondent.

DECISION and ORDER

MYRON L. GORDON, District Judge.

The petitioner, Frank Ruiz, was tried and found guilty of first degree murder on October 31, 1974, in Racine County, Wisconsin. He was convicted of stabbing Frank Cisneroz twice in the chest on September 10, 1973, in a tavern in Racine County. Mr. Ruiz is now serving a term of imprisonment for life for the offense.

The petitioner moves for summary judgment granting his petition for a writ of habeas...

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