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RICE v. MARSHALL

No. 86-3408.

816 F.2d 1126 (1987)

Eugene RICE, Petitioner-Appellee, v. Ronald C. MARSHALL, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 24, 1987.

Attorney(s) appearing for the Case

Cordelia A. Glenn, Asst. Atty. Gen., Columbus, Ohio, Beverly Yale (argued), for respondent-appellant.

Michael G. Dane (argued), Cleveland, Ohio, for petitioner-appellee.

Before LIVELY, Chief Judge, and JONES and GUY, Circuit Judges.

LIVELY, Chief Judge.

This habeas corpus action concerns a claim of ineffective assistance of counsel on the part of an attorney who overlooked the collateral estoppel rule enunciated by the Supreme Court in Ashe v. Swenson, 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970). After conducting an evidentiary hearing the magistrate filed a report in which he recommended granting the writ. The district court adopted the magistrate...

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