LEDBETTER v. EDWARDS

No. 93-4227.

35 F.3d 1062 (1994)

Russell LEDBETTER, Petitioner-Appellee, v. Ron EDWARDS, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 21, 1994.


Attorney(s) appearing for the Case

Christopher Ragonesi, Dinsmore & Shohl, Cincinnati, OH (argued and briefed), for Russell Ledbetter.

Donald G. Keyser, Asst. Atty. Gen., Columbus, OH (argued and briefed), for Ron Edwards.

David H. Hoffman, Clermont County Pros. Atty., Batavia, OH (briefed), for Office of the Pros. Atty. for Clermont County, Ohio, amicus curiae.

Before: KRUPANSKY, BOGGS and SUHRHEINRICH, Circuit Judges.


BOGGS, Circuit Judge.

The State of Ohio appeals from the district court's decision, on two separate grounds, to issue a writ of habeas corpus on behalf of Russell Ledbetter. For the reasons set forth below, we reverse on both grounds.

I

Ledbetter had been indicted by an Ohio grand jury on one count of kidnapping, one count of abduction, one count of robbery, one count of theft, and two counts of having a weapon while under disability. The kidnapping...

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