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UNITED STATES EX REL. GAYDEN v. McGINNIS

No. 83 C 5307.

574 F.Supp. 661 (1983)

UNITED STATES ex rel. Sam GAYDEN, Petitioner, v. Kenneth McGINNIS, Warden, et al., Respondents.

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

November 30, 1983.

Attorney(s) appearing for the Case

Greg Harris, Northwestern Legal Clinic, Chicago, Ill., for petitioner.

Neil F. Hartigan, Atty. Gen., by Michael V. Accettura, Asst. Atty. Gen., State of Ill., Chicago, Ill., for respondents.

OPINION

BUA, District Judge.

Sam Gayden ("Gayden") has filed a habeas corpus petition against Kenneth McGinnis, Warden of Stateville Correctional Center ("McGinnis") and others. Gayden advances two grounds for relief:

1) The admission of a preliminary hearing transcript violated Gayden's right to confront the witness; and

2) The State did not prove Gayden guilty beyond a reasonable doubt.1

McGinnis now...

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