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HOOVER v. GARFIELD HEIGHTS MUN. COURT

No. 86-3046.

802 F.2d 168 (1986)

Michael HOOVER, Petitioner-Appellant, v. GARFIELD HEIGHTS MUNICIPAL COURT, et al., Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 25, 1986.

Rehearing Denied November 20, 1986.

Attorney(s) appearing for the Case

Paul Mancino, Jr. (argued), Cleveland, Ohio, for petitioner-appellant.

David E. Mack, Law Director, City of Garfield Hts, Ohio, Garfield Hts, Ohio, James VanBergen (argued), for respondents-appellees.

Before KEITH and NELSON, Circuit Judges, and CONTIE, Senior Circuit Judge.

CONTIE, Senior Circuit Judge.

Petitioner Michael Hoover appeals from the judgment of the district court denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Hoover challenges his convictions under Ohio law of assault and resisting arrest on several grounds. He claims that: (1) the criminal proceedings against him were improperly instituted; (2) the trial court constitutionally erred by failing to instruct on an essential element...

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