Document Type

Sheppard v. Maxwell, United States District Court, S.D. Ohio, Civ. No. 6640


May 2, 1963

Case Title

Sheppard v. Maxwell, S.D. Ohio, Civil Action No. 6640

Box Number


Item Number



Memorandum of Petitioner


On April 11, 1963 the petition and affidavit in forma pauperis were filed herein by leave of Court. At that time the court ruled that both petitioner and respondent should file their memoranda by April 25, 1963 to shed light on the question of the discretion of the District Court to grant or refuse issuance of the writ upon a reading of the petition. Because respondent's memorandum seems to suggest that Townsend v. Sain, __ U.S. __ , 83 Sup. Ct. 745 and Fay v. Noia, __U.S. __ , 83 Sup. Ct. 822, both decided March 18, 1963, are claimed by petitioner to have changed the law applicable; that by reason of those decisions, this petitioner has rights which did not exist prior to March 18, 1963, leave is asked to present the consideration herein contained by this further memorandum.

Sheppard here asserted that the said two decisions are significant for their instructions to United States District Courts on the mode of procedure in applications for writs of habeas corpus which may come before them.



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