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SHEPPARD v. MAXWELL

Civ. No. 6640.

231 F.Supp. 37 (1964)

Samuel H. SHEPPARD, Petitioner, v. E. L. MAXWELL, Warden, Ohio Penitentiary, Respondent.

United States District Court S. D. Ohio, E. D.

July 15, 1964.

Attorney(s) appearing for the Case

F. Lee Bailey, Boston, Mass., Benjamin L. Clark, Columbus, Ohio, Russell A. Sherman, Elyria, Ohio, for petitioner.

William B. Saxbe, Atty. Gen. of Ohio, Columbus, Ohio, David L. Kessler and John Cianflona, Asst. Attys. Gen., Columbus, Ohio, for respondent.

WEINMAN, Chief Judge.

This matter is before the Court upon a petition for a writ of habeas corpus filed against the Warden of The Ohio State Penitentiary in Columbus, Ohio, where petitioner is incarcerated pursuant to a judgment of the Court of Common Pleas of Cuyahoga County, Ohio upon a conviction of murder in the second degree.

When the Court took this matter under advisement, a pre-trial conference was held to discuss the procedures to be followed in presenting...

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