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EWING v. McMACKIN

No. 85-3252.

799 F.2d 1143 (1986)

Fred D. EWING, Sr., Petitioner-Appellant, v. Norris W. McMACKIN, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 3, 1986.

Attorney(s) appearing for the Case

Frank A. Lavelle (argued), Lavelle & Goldsberry Co., Athens, Ohio, for petitioner-appellant.

Christine Manuelian, Asst. Atty. Gen., Columbus, Ohio, Christine Bobbey (argued), for respondent-appellee.

Before ENGEL and RYAN, Circuit Judges, and CONTIE, Senior Circuit Judge.

CONTIE, Senior Circuit Judge.

Fred D. Ewing, Sr., appeals from an order of the district court which denied Ewing's three consolidated habeas corpus petitions on the grounds that review by a federal court pursuant to 28 U.S.C. § 2254 was barred by Ewing's failure to follow state procedures with respect to his contentions, and that Ewing had failed to establish cause for and prejudice arising from such procedural defaults. For the reasons that follow, the judgment...

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