OLSEN v. McFAUL

No. 86-4000.

843 F.2d 918 (1988)

Richard OLSEN, Petitioner-Appellant, v. Gerald T. McFAUL, Sheriff, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 1, 1988.

Rehearing Denied May 13, 1988.


Attorney(s) appearing for the Case

William T. Wuliger, Roger Kleinman, argued, Wuliger, Fadel & Beyer, Cleveland, Ohio, for petitioner-appellant.

John T. Corrigan, Domenic Delbalso, Richmond Heights, Ohio, for respondent-appellee.

Before KENNEDY, RYAN, and BOGGS, Circuit Judges.


RYAN, Circuit Judge.

Petitioner Olsen was convicted by an Ohio jury of writing a bad check and theft in office. He appeals the denial of a writ of habeas corpus under 28 U.S.C. § 2254, contending that both convictions are constitutionally invalid. We affirm the denial with respect to the bad check conviction, but reverse with respect to the theft in office charge.

I.

Olsen was recreation director for the city of Broadview Heights, Ohio in 1980...

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