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NAPLES v. MAXWELL

No. 18099.

16 Ohio Misc. 267 (1968)

NAPLES v. MAXWELL, WARDEN.

United States Court of Appeals, Sixth Circuit.

Decided April 19, 1968.

Attorney(s) appearing for the Case

Mr. Leo J. Conway, Mr. William B. Saxbe, attorney general, and Mr. David L. Kesler, for appellant.

Mr. John J. Kane, Jr., and Mr. Dan W. Duffy, for appellee.

Before O'SULLIVAN, PHILLIPS and COMBS, Circuit Judges.

PHILLIPS, Circuit Judge.

This appeal presents the single question of whether an Ohio search warrant was issued without probable cause in violation of Fourth Amendment standards. The District Court granted a writ of habeas corpus, holding that the affidavit was insufficient under Aguilar v. Texas (1964), 378 U.S. 108, 84 S.Ct. 1509, 12 L. Ed. 2d 723, and that this decision of the Supreme Court should be given retroactive...

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