Oliphant v. Koehler

OPINION AND ORDER

MILES, District Judge.

Petitioner, Charles Edward Oliphant, Jr., has filed an application for a writ of habeas corpus pursuant to the provisions of 28 U.S.C. § 2241 et seq. He contends that prejudicial error was committed in the conduct of his state court trial. Respondent has moved for dismissal or, in the alternative, for summary judgment in accordance with Rules 12(b)(6) and 56(b) of the Federal Rules of Civil Procedure. Pursuant to petitioner’s motion for oral argument, counsel were heard on these matters on February 6, 1978. The Court has also carefully considered the…