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HART v. MARION CORRECTIONAL INST.

No. 90-3300.

927 F.2d 256 (1991)

Daryl Lee HART, Petitioner-Appellant, v. MARION CORRECTIONAL INSTITUTION; Attorney General, State of Ohio, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 5, 1991.

Attorney(s) appearing for the Case

John Boyd Binning (argued), Columbus, Ohio, for petitioner-appellant.

Stuart A. Cole, Asst. Atty. Gen. (argued), Columbus, Ohio, for respondents-appellees.

Before MARTIN and BOGGS, Circuit Judges, and BELL, District Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

Daryl Lee Hart pled guilty to six counts of rape on January 14, 1986. He filed a petition for writ of habeas corpus on April 28, 1989, asserting that his guilty plea was not knowingly, intelligently and voluntarily entered and that he received ineffective assistance of counsel. The trial judge and Hart's attorneys incorrectly informed him that his maximum period of incarceration would only be 15 years. The actual period is 75 years...

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