Herbert Lee Cox v. E. L. Maxwell, Warden, Ohio Penitentiary

This is an appeal from an order of the United States District Court for the Southern District of Ohio denying the petition of Herbert Lee Cox, the petitioner-appellant herein, for a writ of habeas corpus. The petitioner is now confined in the Ohio State Penitentiary and he claims that his sentence has expired.

It is claimed on behalf of the respondent-appellee that the district judge dismissed the petition for the reason that the petitioner had not exhausted his state remedies either by habeas corpus or delayed appeal. Neither of these claims is correct. The petitioner was denied a writ of…