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GLOVER v. McMACKIN

No. 91-3392.

950 F.2d 1236 (1991)

John GLOVER, Petitioner-Appellee, v. Norris W. McMACKIN, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 22, 1991.

Attorney(s) appearing for the Case

Marla L. Mitchell, argued, briefed, Akron, Ohio, for petitioner-appellee.

Donald G. Keyser, Asst. Atty. Gen., argued, briefed, Office of the Atty. Gen. of Ohio, Columbus, Ohio, for respondent-appellant.

Before KENNEDY and NELSON, Circuit Judges, and LIVELY, Senior Circuit Judge.

KENNEDY, Circuit Judge.

Respondent Norris W. McMackin, Warden of the Marion Correctional Institution in Marion, Ohio, at which petitioner is currently serving his sentence, appeals the judgment granting the petitioner a Writ of Habeas Corpus under 28 U.S.C. § 2254. We agree with the District Court that on the record before it the Writ should be granted. However, we believe that Ohio's motion for an evidentiary hearing to supplement the record of the state proceeding...

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