KOTT v. GREEN

No. 17819.

387 F.2d 136 (1967)

John Alois KOTT, Petitioner-Appellant. v. Lamoyne GREEN, Superintendent, Marion Correctional Institute, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

December 27, 1967.


Attorney(s) appearing for the Case

Samuel A. Bleicher, Toledo, Ohio, (Niki Z. Schwartz, Toledo, Ohio, on the brief), for appellant.

Leo J. Conway, Columbus, Ohio, (William B. Saxbe, Atty. Gen., Columbus, Ohio, on the brief), for appellee.

Before WEICK, Chief Judge, EDWARDS, Circuit Judge, and CECIL, Senior Circuit Judge.


PER CURIAM.

Appellant appeals from denial without hearing of his petition for writ of habeas corpus under 28 U.S.C. § 2254 (Supp. II, 1965-1966).

The United States District Judge said in denying this petition:

"The only constitutional question presented was that petitioner was not advised of his right to counsel when he entered his plea of guilty. However, the petition states clearly that he in fact had counsel at his arraignment and plea. In...

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