BARBARA v. JOHNSON

No. 71-1029.

449 F.2d 1235 (1971)

Joseph BARBARA, Jr., Petitioner-Appellee, v. Perry JOHNSON, Warden of the State Prison of Southern Michigan, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

October 19, 1971.


Attorney(s) appearing for the Case

Stewart H. Freeman, Asst. Sol. Gen., Lansing, Mich., for respondent-appellant; Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Mich., on brief.

Neil Howard Fink, Detroit, Mich., for petitioner-appellee; Joseph W. Louisell, Detroit, Mich., on brief.

Before PHILLIPS, Chief Judge, and BROOKS and KENT, Circuit Judges.


BROOKS, Circuit Judge.

This is an appeal from an order of the District Court granting a writ of habeas corpus to petitioner-appellee, Joseph Barbara, Jr. Barbara was convicted in the state court of the crime of extortion and his conviction was affirmed on appeal. People v. Barbara, 23 Mich.App. 540, 179 N.W.2d 105, leave to appeal denied July 16, 1970. Barbara then petitioned the District...

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