Malinchak v. Overberg

Before: EDWARDS, Chief Circuit Judge; MARTIN, Circuit Judge; and FEIKENS,* Chief District Judge. Order Appellant's habeas corpus petition stems from a January 10, 1978, incident in a Reynoldsburg, Ohio apartment. He was arrested after he displayed approximately 400 tablets of lysergic acid diethylamide (L.S.D.) to a police informer and an undercover agent while negotiating the sale of the drugs. After the officer arrested appellant, another 22 tablets of L.S.D. were confiscated from his person. The jury found appellant guilty of possessing these 22 tablets; they could not reach a verdict on the second count, that of selling or offering to sell the 400 tablets.