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LEROY v. MARSHALL

No. 82-3534.

757 F.2d 94 (1985)

Willis LEROY, Petitioner-Appellant, v. R.C. MARSHALL, Supt., Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 21, 1985.

Attorney(s) appearing for the Case

Willis Leroy, pro se.

Donald N. Krosin, Federal Public Defender, Cleveland, Ohio, for petitioner-appellant.

Christine Manuelian (argued), Karen Kolmacic (on the brief), Asst. Attys. Gen., Columbus, Ohio, for respondent-appellee.

Before ENGEL and WELLFORD, Circuit Judges, and WEICK, Senior Circuit Judge.

ENGEL, Circuit Judge.

The issue in this habeas corpus appeal is whether the failure of a defendant's state trial counsel to include a given constitutional issue among those issues raised in his direct appeal to the state's appellate courts evokes the "deliberate by-pass" rule of Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed.2d 837 (1963) or the "cause and prejudice" rule of Wainwright v. Sykes, 433 U.S...

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