KEENER v. RIDENOUR

No. 78-3322.

594 F.2d 581 (1979)

Samuel KEENER, Petitioner-Appellant, v. L. G. RIDENOUR, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 28, 1979.


Attorney(s) appearing for the Case

Alexander H. Martin, Jr., Shaker Heights, Ohio, for petitioner-appellant.

William J. Brown, Atty. Gen. of Ohio, Simon B. Karas, Asst. Atty. Gen., Columbus, Ohio, for respondent-appellee.

Before WEICK, Circuit Judge, PHILLIPS, Senior Circuit Judge, and TAYLOR, District Judge.


PHILLIPS, Senior Circuit Judge.

Appellant Samuel Keener appeals from the dismissal of his petition for a writ of habeas corpus for failure to exhaust available State remedies. His appeal presents three questions for determination: (1) whether an Ohio State prisoner has a right to a delayed appeal to raise issues not presented on his prior direct appeal to the appellate courts of Ohio; (2) whether a prisoner who previously has filed and prosecuted a direct appeal to...

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