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BELL v. BAKER

No. 91-3378.

954 F.2d 400 (1992)

James H. BELL, Jr., Petitioner-Appellee, v. Dennis BAKER, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 23, 1992.

Rehearing and Rehearing Denied March 27, 1992.

Attorney(s) appearing for the Case

Harry R. Reinhart (argued & briefed), Columbus, Ohio, for James H. Bell, Jr.

Gerald E. Dailey (argued & briefed), Lee Fisher, Ohio Atty. Gen., Columbus, Ohio, for Dennis Baker.

Before KEITH, NELSON and SILER, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 27, 1992.

SILER, Circuit Judge.

Petitioner-appellee was granted a writ of habeas corpus under 28 U.S.C. § 2254 by the district court. Respondent-appellant is apparently the Warden of the penal institution having custody of the petitioner.1 For reasons set out herein, we reverse the ruling of the district court.

I.

Petitioner, a black man, was convicted in Ohio...

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