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SHORT v. CARDWELL

No. 20903.

444 F.2d 1368 (1971)

Kenneth SHORT, Jr., Petitioner-Appellant, v. Harold J. CARDWELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

July 7, 1971.

Attorney(s) appearing for the Case

Alan Arnold, Cleveland, Ohio, for petitioner-appellant, November & Arnold, Cleveland, Ohio, on brief.

Leo J. Conway, Asst. Atty. Gen., Columbus, Ohio, for respondent-appellee, William J. Brown, Atty. Gen. of Ohio, Columbus, Ohio, on brief.

Before EDWARDS, BROOKS and MILLER, Circuit Judges.

EDWARDS, Circuit Judge.

In this case a District Judge in the United States District Court for the Northern District of Ohio, Eastern Division, denied a petition for writ of habeas corpus without evidentiary hearing. Appellant appeals, contending that the State of Ohio's delay between 1962 and 1966 in trying his indictment for armed robbery represented a per se violation of his federal constitutional right to a speedy trial. The delay complained of occurred principally...

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