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CARDER v. MAXWELL, WARDEN

No. Civ. A67-16

21 Ohio Misc. 7 (1969)

CARDER v. MAXWELL, WARDEN.

United States District Court, Southern District of Ohio, Eastern Division.

Decided April 7, 1969.

Attorney(s) appearing for the Case

Mr. Richard C. Gerken and Mr. Forrest P. Moore, for petitioner.

Mr. William B. Saxbe, attorney general, and Mr. Stephen M. Miller, for respondent.

KINNEARY, District Judge.

Petitioner, a state prisoner, has brought this action for a writ of habeas corpus under Title 28, United States Code, Section 2241. An evidentiary hearing was held under the doctrine of Townsend v. Sain (1963), 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed. 2d 770, because there were material facts which were not adequately developed in the state court proceedings...

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