SUTTON v. LASH

No. 77-1852.

576 F.2d 738 (1978)

Robert Glen SUTTON and Paul S. Sutton, Petitioners-Appellees, v. Russell E. LASH, Warden, Indiana State Prison, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 22, 1978.


Attorney(s) appearing for the Case

David A. Arthur, Deputy Atty. Gen., Indianapolis, Ind., for respondent-appellant.

Jerald L. Kendrick, Harlan, Ky., Gregory A. Adamski, Chicago, Ill., Eugene C. Hollander, Indianapolis, Ind., for petitioners-appellees.

Before CUMMINGS, PELL and SPRECHER, Circuit Judges.


PER CURIAM.

The warden of the Indiana State Prison at Michigan City appeals from an order granting the petitions for writs of habeas corpus by Paul and Robert Sutton. District Judge Robert Grant ordered the two prisoners, who are brothers, released as a result of the failure to provide a transcript of their trial which occurred over twenty-one years ago.

Background

In order to understand the issues raised by petitioners it is necessary to...

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