Oliphant V. Koehler

The petitioner Oliphant has appealed from a judgment of the District Court denying his application for a writ of habeas corpus. The District Court's opinion denying the writ is reported in Oliphant v. Koehler, 451 F. Supp. 1305 (W.D.Mich.1978). Oliphant had been convicted by a jury, in the Circuit Court of Ingham County, Michigan on charges of forcible rape, in violation of M.C.L.A. § 750.520; M.S.A. § 28.788, and gross indecency, in violation of M.C.L.A. § 750.338b; M.S.A. § 28.570(2) of an eighteen year old white girl who was a freshman at Michigan State University. His conviction followed a second trial on the above charges. He was sentenced on June 2, 1972 to a term of four to five years' imprisonment on the gross indecency conviction and twenty to thirty years' imprisonment on the rape conviction. He served his sentence on the gross indecency conviction and was discharged on February 19, 1975 and is now serving the unexpired sentence on his rape conviction. His first trial resulted in a mistrial when the jury was unable to reach a verdict. His conviction was affirmed by the Michigan Court of Appeals in People v. Oliphant, 52 Mich.App. 242, 217 N.W.2d 141 (1974), and by the Supreme Court of Michigan in People v. Oliphant, 399 Mich. 472, 250 N.W.2d 443 (1976).