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MARSHALL v. LONBERGER

No. 81-420.

459 U.S. 422 (1983)

103 S.Ct. 843

74 L.Ed.2d 646

MARSHALL, SUPERINTENDENT, SOUTHERN OHIO CORRECTIONAL FACILITY v. LONBERGER

Supreme Court of United States.

Decided February 22, 1983.

Attorney(s) appearing for the Case

Richard David Drake, Assistant Attorney General of Ohio, argued the cause for petitioner. With him on the briefs were William J. Brown, Attorney General, and Simon B. Karas, Dain N. De Veny, and Dennis L. Sipe, Assistant Attorneys General.

John Czarnecki, by appointment of the Court, 455 U.S. 917, argued the cause and filed a brief for respondent.

JUSTICE REHNQUIST delivered the opinion of the Court.

The issue here is whether the Due Process Clause of the Fourteenth Amendment requires the vacation of respondent's Ohio murder conviction. The United States Court of Appeals for the Sixth Circuit, which granted respondent's petition for a writ of habeas corpus, Lonberger v. Jago, 635 F.2d 1189 (1980), and Lonberger v. Jago, 651 F.2d 447...

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