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BRILL v. SALISBURY

No. 71-1449.

457 F.2d 144 (1972)

Anthony BRILL, Petitioner-Appellee, v. W.D. SALISBURY, Supt., Chillicothe Correctional Institution, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

March 27, 1972.

Attorney(s) appearing for the Case

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

John J. Callahan (Court Appointed), Toledo, Ohio, for appellee.

Before WEICK and CELEBREZZE, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

WEICK, Circuit Judge.

Petitioner Brill was convicted in the Court of Common Pleas of Lucas County, Ohio, by a jury, on November 12, 1963, on an indictment which charged him and two accomplices with armed robbery and auto theft. He was sentenced on November 15, 1963, to an indeterminate sentence of 10 to 25 years in the Ohio State Penitentiary.

Four years and five months later petitioner filed with the Sixth Appellate District Court of Appeals, Lucas County...

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