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SEWELL v. CARDWELL

No. 71-1482.

454 F.2d 177 (1972)

James R. SEWELL, Petitioner-Appellee, v. Harold J. CARDWELL, Warden, Ohio State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

January 27, 1972.

Attorney(s) appearing for the Case

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

William J. Coyne, Asst. Pros. Atty., Cleveland, Ohio, John T. Corrigan, Pros. Atty. of Cuyahoga County, Ohio, Cleveland, Ohio, on brief, for intervenor.

James Kozelek, Columbus, Ohio, for petitioner-appellee.

Before WEICK and EDWARDS, Circuit Judges, and McALLISTER, Senior Circuit Judge.

WEICK, Circuit Judge.

Sewell was convicted by a jury in the Common Pleas Court of Cuyahoga County, Ohio, on an indictment charging him with placing and exploding a bomb on the property of Charles Gard, in violation of Revised Code of Ohio, Section 2907.081. His conviction was affirmed by the Court of Appeals of the Eighth District. The Supreme Court of Ohio dismissed his appeal, filed as of right, on the ground that it did not present a substantial constitutional...

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