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DODGE v. JOHNSON

No. 72-1037.

471 F.2d 1249 (1973)

Clinton DODGE, Petitioner-Appellant, v. Perry JOHNSON, Warden of the State Prison for Southern Michigan at Jackson, Michigan, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 19, 1973.

Attorney(s) appearing for the Case

Ray Graves, Detroit, Mich., for petitioner-appellant; Philip Van Dam, Neil H. Fink, Detroit, Mich., on brief.

Stewart H. Freeman, Asst. Sol. Gen., Lansing, Mich., for defendant-appellee; Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Mich., on brief.

Before EDWARDS, McCREE and KENT, Circuit Judges.

KENT, Circuit Judge.

This is an appeal from the District Court's denial of the appellant's application for a writ of habeas corpus. In 1962 the appellant was convicted of armed robbery after a trial by jury and was sentenced to a term of imprisonment. In 1966 a delayed application for leave to appeal was granted by the Michigan Court of Appeals which referred the case back to the Genesee County Circuit Court for a hearing to determine the

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