WOODARDS v. CARDWELL

No. 19912.

430 F.2d 978 (1970)

John Elmer WOODARDS, Petitioner-Appellee, v. H. J. CARDWELL, Warden, Ohio Penitentiary, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

August 17, 1970.


Attorney(s) appearing for the Case

Leo J. Conway, Columbus, Ohio (Paul W. Brown, Atty. Gen., Columbus, Ohio, on the brief), for appellant.

Niki Z. Schwartz, Cleveland, Ohio (Bernard A. Berkman, Cleveland, Ohio, on the brief), for appellee.

Before WEICK, CELEBREZZE and BROOKS, Circuit Judges.


BROOKS, Circuit Judge.

This is an appeal by the respondent-appellant, H. J. Cardwell, Warden, Ohio Penitentiary, who has custody of John Elmer Woodards, petitioner-appellee, a convicted murderer, who, following an evidentiary hearing in the District Court, has been granted a writ of habeas corpus.

In 1963 petitioner was convicted of first degree murder of a woman 83 years of age. The jury verdict was without a recommendation of mercy and under Ohio law, Ohio...

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