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NEAL v. MORRIS

No. 91-3802.

972 F.2d 675 (1992)

Charles E. NEAL, Petitioner-Appellee, v. Terry L. MORRIS, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 7, 1992.

Attorney(s) appearing for the Case

Timothy A. Smith (argued and briefed), Cincinnati, Ohio, for petitioner-appellee.

Stuart A. Cole, Asst. Atty. Gen. (argued and briefed), Office of the Atty. Gen. of Ohio, Columbus, Ohio, for respondent-appellant.

Before: KENNEDY, and BOGGS, Circuit Judges; and KRUPANSKY, Senior Circuit Judge.

KRUPANSKY, Senior Circuit Judge.

The respondent-appellant Terry Morris ("State"), warden of Southern Ohio Correctional Facility, timely appealed from the district court's grant of habeas corpus pursuant to 28 U.S.C. section 2254 to the petitioner-appellee, Charles E. Neal (Neal). Neal was indicted by the Hamilton County grand jury on one count of aggravated robbery in violation of Ohio Revised Code section 2911.01. He was found guilty as charged following a bench...

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