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LONBERGER v. JAGO

No. 79-3100.

635 F.2d 1189 (1980)

Robert LONBERGER, Petitioner-Appellant, v. Arnold R. JAGO, Superintendent, Southern Ohio Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 1, 1980.

Attorney(s) appearing for the Case

Norman G. Zemmelman, Britz & Zemmelman, Toledo, Ohio (Court-appointed), John Czarnecki, Haywood, Cooper, Straub, Walinski & Cramer Co., L.P.A., Toledo, Ohio (Court-appointed), for petitioner-appellant.

William J. Brown, Atty. Gen. of Ohio, Randall G. Burnworth, Asst. Atty. Gen., Columbus, Ohio, for respondent-appellee.

Before LIVELY and BROWN, Circuit Judges, and PECK, Senior Circuit Judge.

JOHN W. PECK, Senior Circuit Judge.

This is an appeal from an order of the United States District Court for the Northern District of Ohio, Western Division, dismissing petitioner's Motion for a Writ of Habeas Corpus. Petitioner, Robert Lonberger, is an Ohio prisoner who was convicted by a jury of aggravated murder with a "specification," which resulted in the death penalty under Ohio's sentencing enhancement statute. Subsequently, the Ohio

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