PAYNE v. CARDWELL

No. 20462.

436 F.2d 577 (1971)

Ellis George PAYNE, Petitioner-Appellant, v. Harold J. CARDWELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

January 6, 1971.


Attorney(s) appearing for the Case

Jerome S. Kalur, Cleveland, Ohio, for petitioner-appellant; John H. Carson, Jr., Cleveland, Ohio, on brief.

James L. Hoover, Columbus, Ohio, for respondent-appellee; Paul W. Brown, Atty. Gen., William E. Dunlap, Jr., Asst. Atty. Gen., Columbus, Ohio, on brief.

Before PHILLIPS, Chief Judge, and EDWARDS and CELEBREZZE, Circuit Judges.


PER CURIAM.

This appeal is from the order of the District Court denying an application for a writ of habeas corpus without an evidentiary hearing.

The petition asserts two grounds in support of the application for the writ: (1) that the lineup from which petitioner was identified was unfair and suggestive; and (2) that he had inadequate representation by privately-retained counsel.

The District Court found that the same constitutional grounds urged...

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