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CHAPIN v. MARSHALL

No. 82-3417.

704 F.2d 335 (1983)

David Allen Chapin, Petitioner-Appellee, v. R.C. MARSHALL, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 15, 1983.

Rehearing and Rehearing Denied July 19, 1983.

Attorney(s) appearing for the Case

Simon Karas, Asst. Atty. Gen., Columbus, Ohio, for respondent-appellant.

Jill E. Stone, Ohio Public Defender, Columbus, Ohio, for petitioner-appellee.

Before ENGEL, Circuit Judge, WEICK, Senior Circuit Judge, and BALLANTINE, District Judge.

Rehearing and Rehearing En Banc Denied July 19, 1983.

PER CURIAM.

Ronald C. Marshall, Superintendent of the Southern Ohio Correctional Facility at Lucasville, Ohio, appeals from an order of the United States District Court for the Southern District of Ohio granting the writ of habeas corpus to David Allen Chapin. On March 15, 1979 a jury convicted Chapin of aggravated murder in violation of Ohio Rev.Code § 2903.01(A), and Chapin was sentenced to a term...

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