RUST v. ZENT

No. 93-3729.

17 F.3d 155 (1994)

James Yates RUST, Jr., a/k/a James Yeats Rust, Jr., Petitioner-Appellant, v. Rex A. ZENT, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 22, 1994.


Attorney(s) appearing for the Case

Daniel E. Brinkman, Dayton, OH (argued and briefed), for petitioner-appellant.

Osias D. Zimmer, Atty. General's Office, Columbus, OH (argued and briefed), for respondent-appellee.

Before: NELSON and BOGGS, Circuit Judges; and CONTIE, Senior Circuit Judge.


CONTIE, Senior Circuit Judge.

Petitioner-appellant James Yates Rust, Jr., appeals the district court's June 2, 1993 Judgment dismissing his petition for habeas corpus relief as barred by procedural default. We affirm the district court for the following reasons.

I.

On March 2, 1983, an unidentified man armed with a handgun robbed the Big Bear Supermarket in Springfield, Ohio, of approximately $1200 while his accomplice, petitioner-appellant James...

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