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SHEPPARD v. MAXWELL

No. 16077.

346 F.2d 707 (1965)

Samuel H. SHEPPARD, Petitioner-Appellee, v. E. L. MAXWELL, Warden, Respondent-Appellant.

United States Court of Appeals Sixth Circuit.

Rehearing Denied July 14, 1965.

Attorney(s) appearing for the Case

William B. Saxbe, Atty. Gen. of Ohio, Columbus, Ohio, John T. Corrigan, Pros. Atty. of Cuyahoga County, Cleveland, Ohio (for amicus curiae), for appellant, David L. Kessler, Asst. Atty. Gen., Columbus, Ohio, on the brief, Gertrude Bauer Mahon, Asst. Pros. Atty., Cleveland, Ohio, on brief for amicus curiae.

F. Lee Bailey, Boston, Mass., for appellee, Benjamin L. Clark, Columbus, Ohio, Russell A. Sherman, Elyria, Ohio, on the brief.

Before O'SULLIVAN, PHILLIPS and EDWARDS, Circuit Judges.

O'SULLIVAN, Circuit Judge.

Appellant, Warden of the Ohio State Penitentiary, appeals from a United States District Court order declaring void the 1954 conviction of petitioner, Dr. Samuel H. Sheppard. Judgment had been entered in the Court of Common Pleas of Cuyahoga County, Ohio, upon a jury verdict convicting Sheppard of the second-degree murder of his wife.1 Upon his appraisal of trial and pretrial publicity and other matters, the District...

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