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WHITE v. SMITH

Nos. 91-6095, 91-6096, 91-6097.

984 F.2d 163 (1993)

James M. WHITE (91-6096/6097), Petitioner-Appellee, Cross-Appellant, v. Stephen T. SMITH (91-6095), Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 19, 1993.

Rehearing and Rehearing Denied February 24, 1993.

Attorney(s) appearing for the Case

Trisha Zeller James (argued and briefed), James & James, Louisville, KY, for petitioner-appellee cross-appellant.

David A. Sexton, (argued), Pamela J. Murphy, Attys. Gen. (briefed), Chris Gorman, Atty. Gen., Frankfort, KY, for respondent-appellant cross-appellee.

James Michael White, pro se.

Before: KEITH, NELSON, and RYAN; Circuit Judges.

Rehearing and Rehearing En Banc Denied February 24, 1993.

RYAN, Circuit Judge.

The Commonwealth of Kentucky, on behalf of Warden Stephen T. Smith, appeals from the district court's grant of a writ of habeas corpus to James M. White. The district court determined that a Kentucky trial court had denied White his right under the Sixth and Fourteenth Amendments to an impartial jury by allowing the jury to render a verdict after White's mother spoke to jurors in...

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