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WALKER v. ENGLE

Nos. 81-3117, 81-3260.

703 F.2d 959 (1983)

Raymond WALKER, Petitioner-Appellee, Cross-Appellant, v. Ted ENGLE, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 23, 1983.

Rehearing and Rehearing Denied June 24, 1983.

Attorney(s) appearing for the Case

Dale T. Evans, Asst. Prosecuting Atty., Chief Appellate Div., Canton, Ohio, for respondent-appellant, cross-appellee.

Ernest T. Mansour (argued), David B. Cathcart, Mansour, Gavin, Gerlack & Manos, Gerald Messerman, Messerman & Messerman Co., Cleveland, Ohio, Stanley E. Tolliver, East Cleveland, Ohio, for petitioner-appellee, cross-appellant.

Before KEITH and JONES, Circuit Judges, and BROWN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied June 24, 1983.

NATHANIEL R. JONES, Circuit Judge.

The State of Ohio appeals the district court's grant of a writ of habeas corpus to Raymond Walker. Walker cross-appeals from the failure of the district court to hold that a retrial on the charge of first-degree murder was precluded by an insufficiency of the evidence. We affirm the order of the district court granting the writ of habeas corpus and the remand for a new...

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