Glover v. Mcmackin

Respondent Norris W. McMackin, Warden of the Marion Correctional Institution in Marion, Ohio, at which petitioner is currently serving his sentence, appeals the judgment granting the petitioner a Writ of Habeas Corpus under 28 U.S.C. ? 2254. We agree with the District Court that on the record before it the Writ should be granted. However, we believe that Ohios motion for an evidentiary hearing to supplement the record of the state proceeding should have been granted and shall remand for that purpose.