Richard Olsen v. Gerald T. McFaul Sheriff

RYAN, Circuit Judge.

Petitioner Olsen was convicted by an Ohio jury of writing a bad check and theft in office. He appeals the denial of a writ of habeas corpus under 28 U.S.C. § 2254, contending that both convictions are constitutionally invalid. We affirm the denial with respect to the bad check conviction, but reverse with respect to the theft in office charge.

I

Olsen was recreation director for the city of Broadview Heights, Ohio in 1980. At that time, he entered into negotiations with a representative of the World’s Finest Chocolate Company (WFC) for the purchase of candy bars to be sold…