RUETZ v. LASH

No. 73-1803.

500 F.2d 1225 (1974)

Neal RUETZ, Petitioner-Appellant, v. Russell E. LASH, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 22, 1974.


Attorney(s) appearing for the Case

Frederic Weber, Chicago, Ill., for petitioner-appellant.

Theodore L. Sendak, Atty. Gen., A. Frank Gleaves, III, Deputy Atty. Gen., Indianapolis, Ind., for respondent-appellee.

Before SWYGERT, Chief Judge, CUMMINGS, Circuit Judge, and MATTHES, Senior Circuit Judge.


MATTHES, Senior Circuit Judge.

This appeal from an order of the district court denying habeas corpus relief poses a unique question—whether the escape of appellant following his state conviction constituted a deliberate bypass of state remedies so as to disentitle him to relief under the equitable principles governing habeas corpus.

In May of 1971, appellant, Neal Ruetz, was convicted by a jury in the LaGrange County, Indiana, Circuit Court of first...

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