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SPEIGNER v. JAGO

No. 78-3290.

603 F.2d 1208 (1979)

Henry SPEIGNER, Petitioner-Appellee, v. Arnold R. JAGO, Superintendent, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 13, 1979.

Rehearing and Rehearing Denied July 24, 1979.

Attorney(s) appearing for the Case

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

Elliott R. Levine, Cleveland, Ohio (Court-appointed), for petitioner-appellee.

Before EDWARDS, Chief Judge, WEICK, Circuit Judge, and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied July 24, 1979.

PECK, Senior Circuit Judge.

At a jury trial in the state court, petitioner Henry Speigner was convicted of second degree murder under O.R.C. § 2901.05.1 After unsuccessfully exercising his rights to direct appeal, Speigner petitioned the district court for a writ of habeas corpus. The district judge, in granting the writ, concluded that petitioner's conviction was "totally...

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