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LICAVOLI v. MAXWELL

No. 20670.

438 F.2d 1182 (1971)

Thomas LICAVOLI, Petitioner-Appellant, v. E. L. MAXWELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

March 5, 1971.

Attorney(s) appearing for the Case

F. Lee Bailey, Boston, Mass. (Gerald Alch, Boston, Mass., Moses Krislov, Cleveland, Ohio, Joseph Rotondo, Columbus, Ohio, on the brief), for appellant.

Stephen M. Miller, Columbus, Ohio (Paul W. Brown, Atty. Gen., Columbus, Ohio, on the brief), for appellee.

Before WEICK, MILLER, and KENT, Circuit Judges.

PER CURIAM.

Appellant was convicted of murder in 1934 in Lucas County, Ohio. A direct appeal was taken and the conviction was affirmed in 1935. In 1965 appellant filed a motion for a delayed appeal with the Ohio Supreme Court which was denied. Post-conviction relief was sought under the laws of the State of Ohio in 1966, and concluded when the appeal was dismissed in April, 1967, by the Ohio Supreme Court. Certiorari was denied

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