CARR v. PERINI

No. 19500.

421 F.2d 1404 (1970)

Harold CARR, Petitioner-Appellant, v. E. P. PERINI, Superintendent, Marion Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

February 6, 1970.


Attorney(s) appearing for the Case

Harland M. Britz, Toledo, Ohio (Court-appointed), for appellant.

Leo J. Conway, Columbus, Ohio, for appellee; Paul W. Brown, Atty. Gen., Stephen M. Miller, Asst. Atty. Gen., Columbus, Ohio, on brief.

Before COMBS, Circuit Judge; O'SULLIVAN, Senior Circuit Judge; and WILSON, District Judge.


PER CURIAM.

Petitioner, a state prisoner confined in an Ohio institution after conviction for the offense of receiving stolen property, has appealed from an order denying his petition for writ of habeas corpus. The District Judge did not grant petitioner a hearing but did have before him the record of the state trial proceedings.

At his state trial, petitioner was represented by employed counsel and now says that his counsel, who was eighty-three years old...

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