Lee David Arwine v. William H. Bannan, Warden, State Prison of Southern Michigan and the Michigan Corrections Commission
U.S. Court of Appeals for the Sixth Circuit
Lee David Arwine v. William H. Bannan, Warden, State Prison of Southern Michigan and the Michigan Corrections Commission, 319 F.2d 131 (6th Cir. 1963)
1963 U.S. App. LEXIS 5035
Lee David Arwine v. William H. Bannan, Warden, State Prison of Southern Michigan and the Michigan Corrections Commission
Opinion
ORDER.
Oral argument having been waived, and the case having been submitted on the brief of the petitioner-appellant and *132 on the brief of the respondents-appellees, wherein the Attorney General and Solicitor General of the State of Michigan, as counsel for said respondents-appellees recognized that the recent opinion in the case of Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed.2d 837 (1963) requires such action,
It Is Ordered that the district court order dismissing the petition for a writ of habeas corpus be vacated and the case remanded to the district court for consideration on its merits.
Reference
- Full Case Name
- Lee David ARWINE, Petitioner-Appellant, v. William H. BANNAN, Warden, State Prison of Southern Michigan; And the Michigan Corrections Commission, Respondents-Appellees
- Status
- Published