United States Ex Rel. Tobe v. Bensinger

MEMORANDUM OPINION AND ORDER

McLAREN, District Judge.

This matter arises upon respondents’ motion to dismiss Melvin Tobe’s petition for a writ of habeas corpus. The parties have ably explored the applicable law in their briefs on that motion, and the trial record has been filed as an exhibit. The Court concludes that a serious question is presented and that further proceedings are necessary. Certain issues can be determined from the record thus far made, as set forth below. Set forth below also are the Court’s views on the remaining issues to be decided — to guide the parties in their…