RIGGINS v. McMACKIN

Nos. 90-3375, 90-3407.

935 F.2d 790 (1991)

Anthony RIGGINS, Petitioner-Appellee, Cross Appellant, v. Norris W. McMACKIN, Respondent-Appellant, Cross Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 10, 1991.


Attorney(s) appearing for the Case

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

Jack W. Decker (argued), Office of Atty. Gen. of Ohio, Columbus, Ohio, for respondent-appellant, cross-appellee.

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


BOYCE F. MARTIN, Jr., Circuit Judge.

Anthony Riggins filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the guilty plea he entered on April 7, 1983, to the charge of carrying a concealed weapon in the Court of Common Pleas for Cuyahoga County, Ohio. In his petition, Riggins raised three grounds for appeal: (1) he was denied due process when he was sentenced for a felony offense when the indictment charged only a misdemeanor...

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