Schroader v. Thomas

MILLIKEN, Chief Justice.

This is an appeal from a denial of habeas corpus, but before considering the merits a summary of the background is essential. The appellants were convicted in July, 1963, in the Ohio Circuit Court of armed robbery and were sentenced to life imprisonment. There was no motion for a new trial made in that action and no appeal taken. Subsequently, in February, 1964, the appellants (as petitioners) filed a motion in the Ohio Circuit Court to vacate the judgment of conviction, the motion was set for hearing and, in the absence of the petitioners or their representatives, the…