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ALLEN v. PERINI

No. 71-1398.

458 F.2d 233 (1972)

Theodore R. ALLEN, Petitioner-Appellant, v. E. P. PERINI, Superintendent, Marion Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

April 6, 1972.

Attorney(s) appearing for the Case

David R. Hood (Court appointed), Detroit, Mich., for appellant.

Leo J. Conway, Columbus, Ohio (William J. Brown, Atty. Gen., Columbus, Ohio, on the brief), for appellee.

Before PHILLIPS, Chief Judge, and McCREE and MILLER, Circuit Judges.

PER CURIAM.

This is an appeal from the denial of a petition for habeas corpus. The District Court held an evidentiary hearing and denied the petition on its merits upon remand, following our determination that appellant had exhausted his state remedies. Allen v. Perini, 424 F.2d 134 (6th Cir.), cert. denied, 400 U.S. 906, 91 S.Ct. 147, 27 L.Ed.2d 143 (1970). We affirm.

Appellant was originally charged in the state court with...

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