United States v. Woods, 16070.
Citation | 382 F.2d 557 |
Decision Date | 03 August 1967 |
Docket Number | No. 16070.,16070. |
Parties | UNITED STATES of America ex rel. Sam DE STEFANO, Petitioner-Appellant, v. Joseph I. WOODS, Sheriff of Cook County, Illinois, Respondent-Appellee. |
Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
Anna R. Lavin, Chicago, Ill., for appellant.
John J. Stamos, First Asst. State's Atty., Thomas A. Hett, Asst. State's Atty., Chicago, Ill., for appellee, Elmer C. Kissane, Asst. State's Atty., of counsel.
Before SCHNACKENBERG, KILEY and SWYGERT, Circuit Judges.
Sam De Stefano, petitioner, appeals from an order of the district court entered January 31, 1967, dismissing his petition for a writ of habeas corpus, as amended, against Joseph I. Woods, Sheriff of Cook County, Illinois, respondent. The case was disposed of by the court on the pleadings.
Petitioner was placed in the custody of respondent pursuant to a final order of the Appellate Court of Illinois, First District, People v. De Stefano, 64 Ill. App.2d 368, 212 N.E.2d 368 (1965), cert. denied 385 U.S. 989, 87 S.Ct. 594, 17 L. Ed.2d 450. In three orders defendant had been found guilty of direct criminal contempts of court under the laws of Illinois for his conduct in open court during the trial of a criminal case against him,1 in the Criminal Division of the Circuit Court of Cook County, Illinois.
As revealed by the opinion of the Appellate Court, the conduct of defendant was appraised by that court, at 387-388, 212 N.E.2d at 379:
* * *"
For his acts of contempt of court, defendant was sentenced to three concurrent one-year sentences in the county jail and, in addition, to one of the sentences a $2,000 fine was added. This punishment was imposed at the close of the jury trial.
1. In this court petitioner's counsel attacks on federal constitutional grounds the sentences imposed for contempt.
The attack upon these sentences is based upon the contention that their imposition violated the federal constitution, citing article III § 2, that "The Trial of all Crimes * * * shall be by Jury; * * *", as well as the sixth amendment to the constitution. Reliance is also placed on Cheff v. Schnackenberg, 384 U.S. 373, 86 S.Ct. 1523, 16 L.Ed.2d 629 (1966).
Respondent's counsel point out, however, that nothing said in Cheff indicates an intent to repudiate Green v. United States, 356 U.S. 165, 78 S.Ct. 632, 2 L.Ed.2d 672 (1958). In Green, at 183, 78 S.Ct. at 642, the court considered petitioner's constitutional arguments in that case, saying:
Green was expressly followed in United States v. Barnett, 376 U.S. 681, at 692, 84 S.Ct. 984, 990, 12 L.Ed.2d 23 (1964), where the court said:
While we believe that the United States Supreme Court has...
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Sims v. Lane, 17193.
...of racial persecution, but that is not "reasonable ground for believing the defendant to be insane." See United States ex rel. De Stefano v. Woods, 382 F.2d 557, 559 (7th Cir. 1967), affirmed on other grounds, 392 U.S. 631, 88 S.Ct. 2093, 20 L.Ed.2d 1308. If hypersensitivity to discriminati......
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People v. Sheahan, 2-85-0317
...v. United States (1963), 375 U.S. 29, 30, 84 S.Ct. 19, 20, 11 L.Ed.2d 1, 2; United States ex rel. DeStefano v. Woods (7th Cir.1967), 382 F.2d 557, 559, aff'd (1968), 392 U.S. 631, 88 S.Ct. 2093, 20 L.Ed.2d 1308 (where contemptuous conduct did not reveal any aspects of incompetence, no sanit......
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Petersen v. ALAMEDA WEST LAGOON HOME OWNERS'ASS'N, 21438.
......No. 21438. United" States Court of Appeals Ninth Circuit. September 6, 1967.382 F.2d 556 \xC2"......