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HARMAN v. MOHN

No. 81-6184.

683 F.2d 834 (1982)

Donald Asa HARMAN, Appellant, v. Richard MOHN, Superintendent, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 7, 1982.

Attorney(s) appearing for the Case

John Preston Bailey, Wheeling, W. Va. (Bailey, Byrum & Vieweg, Wheeling, W. Va., on brief), for appellant.

Silas B. Taylor, Asst. Atty. Gen., Charleston, W. Va. (Chauncey H. Browning, Atty. Gen., Richard S. Glaser, Jr., Asst. Atty. Gen., Charleston, W. Va., on brief), for appellee.

Before PHILLIPS, ERVIN and CHAPMAN, Circuit Judges.

CHAPMAN, Circuit Judge:

The plaintiff seeks a writ of habeas corpus under 28 U.S.C. § 2254 claiming that his plea of guilty to a sexual battery1 charge in 1975 in Mahoning County, Ohio was coerced and should be set aside, because the state prosecutor, as a part of the plea bargain, agreed to dismiss a pending indictment against plaintiff's wife for aiding and abetting in connection with the original rape charge. Harman asks this court...

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