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LOVELACE v. HASKINS

No. 72-1606.

474 F.2d 1254 (1973)

Charles LOVELACE, Petitioner-Appellee, v. E. B. HASKINS, Superintendent, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 21, 1973.

Attorney(s) appearing for the Case

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

Hugh E. Kirkwood, Jr., Columbus, Ohio, for petitioner-appellee.

Before WEICK, CELEBREZZE and PECK, Circuit Judges.

PER CURIAM.

The appellee was tried to a jury in Lorain County, Ohio, and was convicted of burglary and unlawful possession of burglary tools; he received a sentence of from 1 to 15 years. On September 17, 1968, the trial court overruled his motion for a new trial. The following day, his appointed counsel wrote a letter in which he informed the appellee that he had an absolute right to an appeal within 30 days, but that he would not be able to represent the appellee...

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