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STEFFEN v. TATE

No. 92-3813.

39 F.3d 622 (1994)

David Joseph STEFFEN, Petitioner-Appellee, v. Arthur TATE, Jr., Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 24, 1994.

Attorney(s) appearing for the Case

Dale A. Baich (argued and briefed), Public Defender's Office, Ohio Public Defender Com'n, Columbus, OH, for petitioner-appellee.

John J. Gideon (argued and briefed), Paul J. Buser, Office of the Atty. Gen. of Ohio, Columbus, OH, for respondent-appellant.

Before: RYAN and BOGGS, Circuit Judges; and ROSEN, District Judge.

BOGGS, Circuit Judge.

This case arises from the action of the United States District Court for the Southern District of Ohio, in which it issued a stay of execution on a petition by a state prisoner who had been sentenced to death. The prisoner is, and has been for over two years now, ably defended by the Ohio Public Defender. At the time that the petition for a stay of execution was filed with the district court, no petition for a writ of habeas corpus had been filed...

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