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ANGEL v. OVERBERG

No. 80-3546.

664 F.2d 1052 (1981)

Fred ANGEL, Petitioner-Appellee, v. Roger OVERBERG, Superintendent, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 25, 1981.

Rehearing Granted February 11, 1982.

Attorney(s) appearing for the Case

William J. Brown, Atty. Gen. of Ohio, David E. Stocker, Asst. Atty. Gen., Columbus, Ohio, for respondent-appellant.

Michael A. Marrero, Cincinnati, Ohio, court appointed, for petitioner-appellee.

Before KEITH and KENNEDY, Circuit Judges, and MANOS, District Judge.

Rehearing En Banc Granted February 11, 1982.

MANOS, District Judge.

The State of Ohio appeals the district court's grant of a writ of habeas corpus on the ground of prosecutorial misconduct during the murder trial of appellee, Fred Angel. The only issue presented to this court for review is whether statements by the prosecutor violated Angel's Sixth and Fourteenth Amendment right to a fair trial.

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