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ANGEL v. OVERBERG

No. 80-3546.

682 F.2d 605 (1982)

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

United States Court of Appeals, Sixth Circuit.

Decided July 16, 1982.

Attorney(s) appearing for the Case

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

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

Before EDWARDS, Chief Judge, LIVELY, ENGEL, KEITH, MERRITT, KENNEDY, MARTIN, JONES, CONTIE and KRUPANSKY, Circuit Judges, and BROWN, Senior Circuit Judge.

CORNELIA G. KENNEDY, Circuit Judge.

Petitioner-Appellee, Fred Angel, was convicted in the Court of Common Pleas of Butler County, Ohio of voluntary manslaughter. His appeals to the state appellate courts were unsuccessful. The District Court for the Southern District of Ohio granted a writ of habeas corpus on the ground of prosecutorial misconduct during the prosecutor's rebuttal argument. The original panel decision of this Court affirmed the issuance of the writ...

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