Graham P. Barnhart v. E. L. Maxwell, Warden
U.S. Court of Appeals for the Sixth Circuit
Graham P. Barnhart v. E. L. Maxwell, Warden, 371 F.2d 583 (6th Cir. 1967)
1967 U.S. App. LEXIS 7789
Graham P. Barnhart v. E. L. Maxwell, Warden
Opinion
This is a habeas corpus case. The facts are stated in some detail in Barn-hart v. Maxwell, 2 Ohio St.2d 308, 208 N.E.2d 752.
The district court denied the writ without a hearing, on the ground that the petitioner alleged no facts or details to indicate in what manner he contends he is restrained illegally of his liberty. In the absence of such allegations, an evi-dentiary hearing is not required. Reams v. Davis, 333 F.2d 430 (C.A. 6); Loum v. Underwood, 262 F.2d 866 (C.A. 6).
Affirmed.
Reference
- Full Case Name
- Graham P. BARNHART, Petitioner-Appellant, v. E. L. MAXWELL, Warden, Respondent-Appellee
- Status
- Published