460 F.2d 1284 (6th Cir. 1972), 71-1970, Lotz v. Koloski

Docket Nº:71-1970.
Citation:460 F.2d 1284
Party Name:Edwin E. LOTZ, Petitioner-Appellant, v. Marion J. KOLOSKI, Warden, Ohio Penitentiary, Respondent-Appellee.
Case Date:May 24, 1972
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 1284

460 F.2d 1284 (6th Cir. 1972)

Edwin E. LOTZ, Petitioner-Appellant,

v.

Marion J. KOLOSKI, Warden, Ohio Penitentiary, Respondent-Appellee.

No. 71-1970.

United States Court of Appeals, Sixth Circuit.

May 24, 1972

Ivan L. Tamarkin, Cincinnati, Ohio, for petitioner-appellant.

William J. Brown, Atty. Gen. of Ohio, Leo J. Conway, Asst. Atty. Gen., Columbus, Ohio, on brief for respondent-appellee.

Before PHILLIPS, Chief Judge, EDWARDS, Circuit Judge, and Mc-ALLISTER, Senior Circuit Judge.

PER CURIAM.

This is an appeal from a denial of appellant's petition for writ of habeas corpus following his conviction in 1953 on a charge of burglary in the nighttime. The issues argued to us appear to have been presented before, either in a state court habeas corpus hearing or a habeas corpus hearing in the United States District Court for the Southern District of Ohio, which this court reviewed in 1961. Lotz v. Sacks, 292 F.2d 657 (6th Cir. 1961). The District Judge in the instant case conducted no evidentiary hearing but decided the issues on the prior records.

Two of the three principal issues argued on appeal to us were decided adversely to defendant in this court's opinion in 1961 cited above. These two issues pertain to appellant's claim that he had been served with another indictment in front of the jury in this case, and that in his original state court trial he was represented by incompetent counsel. The third material issue...

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