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KIMBRO v. HENDERSON

No. 18541.

407 F.2d 1331 (1969)

Carl KIMBRO, Petitioner-Appellant, v. C. Murray HENDERSON, Warden Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

March 10, 1969.

Attorney(s) appearing for the Case

C. Benson Hufford, Jr. (court appointed) Taft, Stettinius & Hollister, Cincinnati, Ohio, for appellant.

James M. Tharpe, Special Counsel, State of Tennessee, Memphis, Tenn., for appellee; George F. McCanless, Atty. Gen. and Reporter, State of Tennessee, of counsel.

Before EDWARDS, McCREE, and COMBS, Circuit Judges.

PER CURIAM.

This is the third time petitioner-appellant's collateral attacks upon his 99-year sentence for murder in the Tennessee state courts has been before this court. Kimbro v. Bomar, 333 F.2d 755 (6th Cir. 1964); Kimbro v. Heer, 364 F.2d 116 (6th Cir. 1966).

In relation to the second of the appeals cited above, the United States Supreme Court vacated and remanded for an evidentiary hearing...

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