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ARNOLD v. MARSHALL

No. 80-3658.

657 F.2d 83 (1981)

Walter Paul ARNOLD, Petitioner-Appellant, v. Ronald MARSHALL, Supt., and William J. Brown, Attorney General, State of Ohio, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 5, 1981.

Attorney(s) appearing for the Case

Walter Paul Arnold, pro se.

Edward F. Marek, Federal Public Defender (Court Appointed), Michael G. Dane, Cleveland, Ohio, for petitioner-appellant.

William J. Brown, Atty. Gen., David Stocker, Lianne Santellani, Asst. Attys. Gen., Columbus, Ohio, for respondents-appellees.

Before EDWARDS, Chief Circuit Judge, and PHILLIPS and PECK, Senior Circuit Judges.

PER CURIAM.

Petitioner Arnold appeals from the denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254 (1976). The conviction which he attacked in the District Court for the Southern District of Ohio was entered after a jury trial in an Ohio Common Pleas Court on a charge of burglary of an uninhabited dwelling in the nighttime in February of 1953. Petitioner never appealed that sentence and served it until...

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