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DAVIS v. ADULT PAROLE AUTHORITY

No. 78-3555.

610 F.2d 410 (1979)

Orville Leland DAVIS, Petitioner-Appellant, v. ADULT PAROLE AUTHORITY, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 27, 1979.

Attorney(s) appearing for the Case

Orville Leland Davis, pro se, Charles S. Kamine, Cincinnati, Ohio, (Court-Appointed CJA), for petitioner-appellant.

William J. Brown, Atty. Gen. of Ohio, Richard David Drake, Asst. Atty. Gen., Columbus, Ohio, for respondent-appellee.

Before ENGEL and KEITH, Circuit Judges, and PECK, Senior Circuit Judge.

KEITH, Circuit Judge.

Petitioner appeals from a judgment of the district court denying without an evidentiary hearing his application for habeas relief pursuant to 28 U.S.C. § 2254. We reverse.

The January 1962 term of the Hamilton County, Ohio Grand Jury returned two separate indictments against petitioner, each indictment charging him with one count of malicious entry of a financial institution and one count of armed robbery.1

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