Chism v. Koehler

Full title: ENOCH CHISM, PETITIONER-APPELLEE, v. THEODORE KOEHLER, INDIVIDUALLY AND AS…

Court: United States Court of Appeals, Sixth Circuit

Date published: Apr 19, 1976

527 F.2d 612 (6th Cir. 1976)

Opinion

Nos. 75-1989, 75-1990.

January 14, 1976. Certiorari Denied April 19, 1976.

Frank J. Kelley, Atty. Gen. of Mich., Robert A. Derengoski, Sol. Gen., Jann C. Ryan, Asst. Atty. Gen., Lansing, Mich., for respondent-appellant in both.

John J. Rae, Calhoun County Pros. Atty., Marshall, Mich., for amicus curiae in both.

Peter H. Shumar, Marquette, Mich., Joel M. Shere, American Civil Liberties Union, Detroit, Mich., for petitioner-appellee in both.

Before WEICK, Circuit Judge, HOWARD T. MARKEY,^_ Chief Judge, U.S. Court of Customs and Patent Appeals, and LIVELY, Circuit Judge.

_ Sitting by designation.

ORDER

Upon careful consideration of the record before the court together with the briefs and oral arguments of counsel the court concludes that the district court did not err in granting the petition for a writ of habeas corpus in this action. Accordingly, the judgment of the district court is affirmed on the basis of the opinion of Senior United States District Judge Ralph M. Freeman reported at 392 F. Supp. 659 (E.D.Mich. 1975).