CONNER v. WINGO

No. 19869.

429 F.2d 630 (1970)

William Ronald CONNER, Petitioner-Appellant, v. John W. WINGO, Warden Kentucky State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

June 5, 1970.


Attorney(s) appearing for the Case

Thomas G. Hervey, Harvard Voluntary, Defenders, Cambridge, Mass., for appellant, Livingston Hall, court-appointed, Cambridge, Mass., on brief.

George F. Rabe, Frankfort, Ky., for appellee, John B. Breckinridge, Atty. Gen., George F. Rabe, Asst. Atty. Gen., Frankfort, Ky., on brief.

Before EDWARDS, McCREE and COMBS, Circuit Judges.


EDWARDS, Circuit Judge.

Appellant appeals from an order of the United States District Court for the Western District of Kentucky dismissing without an evidentiary hearing his application for a writ of habeas corpus. This court had previously heard his first appeal from such a dismissal and remanded for the District Judge to reconsider on a more complete record. The instruction of this court was as follows:

"In view of the holdings of Townsend v. Sain [

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