GEMMEL v. BUCHKOE

No. 16284.

358 F.2d 338 (1966)

Athel Robert GEMMEL, Petitioner-Appellee, v. Raymond J. BUCHKOE, Warden, State House of Correction and Branch Prison, Respondent-Appellant.

United States Court of Appeals Sixth Circuit.

April 7, 1966.


Attorney(s) appearing for the Case

James R. Adams, Cincinnati, Ohio, for appellant.

Luke Quinn, Lansing, Mich. (Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., James R. Ramsey, Asst. Atty. Gen., Lansing, Mich., on the brief), for appellee.

Before WEICK, Chief Judge, CECIL, Senior Circuit Judge, and BROOKS, District Judge.


CECIL, Senior Circuit Judge.

In 1943, Athel Robert Gemmel, petitioner-appellee herein, was convicted in the Recorder's Court of Detroit, Michigan, of first degree murder. No direct appeal was taken from the judgment of conviction and he was sentenced to life imprisonment. Two delayed motions for new trial were denied by the Recorder's Court in 1959 and 1962, respectively. Relief on appeal was denied by the Supreme Court of Michigan and the Supreme Court of the United...

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