Legal Opinion

Sewell v. Cardwell

District Court, S.D. Ohio

Decided April 28, 1971No. Civ. A. No. 70-105PublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER

KINNEARY, District Judge.

Petitioner, a state prisoner, brings this action for a writ of habeas corpus under the provisions of Title 28, United States Code, Section 2241(c) (3). This matter is before the Court on the petition, return of writ, and briefs of the parties. The Court also has before it a transcript of petitioner’s trial in the Common Pleas Court of Cuyahoga County, Ohio. Counsel for the petitioner and respondent have agreed that an evidentiary hearing is not necessary. The Court finds that factual issues are not in dispute; consequently no evidentiary hearing is…

2Cases cited14 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. United States v. WadeSupreme Court of the United States · 1967
  3. Simmons v. United StatesSupreme Court of the United States · 1968
  4. Stovall v. DennoSupreme Court of the United States · 1967
  5. Townsend v. SainSupreme Court of the United States · 1963

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3Cited by1 opinion

  1. James R. Sewell v. Harold J. Cardwell, Warden, Ohio State PenitentiaryCourt of Appeals for the Sixth Circuit · 1972

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