CONTE v. CARDWELL

No. 71-1745.

475 F.2d 698 (1973)

Howard J. CONTE, Petitioner-Appellant, v. Harold J. CARDWELL, Warden Ohio State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Rehearing Denied March 2, 1973.


Attorney(s) appearing for the Case

Richard F. Swope, Thompson, Swope & Burns, Reynoldsburg, Ohio, for petitioner-appellant.

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

Before PHILLIPS, Chief Judge, WEICK, Circuit Judge, and WILSON, District Judge.


FRANK W. WILSON, District Judge.

This is an appeal from the order of the District Court denying a state prisoner's petition for federal habeas corpus relief. The record upon this appeal reflects that the petitioner was convicted upon four counts of participating in two successive prison riots that occurred upon June 24 and August 20, 1968, at the Ohio State Penitentiary. As grounds for seeking federal habeas corpus relief...

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