Edward Payne v. Joseph Janasz

VAN PELT,

Senior District Judge.

This case comes to us on appeal from the United States District Court for the Northern District of Ohio,1 which denied Appellant Edward Payne’s petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254.

Appellant, a major in the Cuyahoga County Sheriff’s Department, was indicted by the Grand Jury of Cuyahoga County on two counts of theft in office in violation of *1308Ohio Rev.Code § 2921.41 and two counts of intimidation in violation of Ohio Rev.Code § 2921.03 for acts which took place in 1975. In 1976, an Ohio state court jury found Appellant guilty of one count…