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LUALLEN v. NEIL

No. 71-1140.

453 F.2d 428 (1971)

Daniel Leon LUALLEN, Petitioner-Appellant, v. William S. NEIL, Warden, Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

December 29, 1971.

Attorney(s) appearing for the Case

Kenneth E. Morrow (Court appointed), Knoxville, Tenn., for appellant.

James C. Dale, III, Special Counsel, State of Tennessee, Nashville, Tenn., David Pack, Atty. Gen., Nashville, Tenn., of counsel, for appellee.

Before WEICK, EDWARDS and KENT, Circuit Judges.

KENT, Circuit Judge.

This is an appeal from the denial of a petition for a writ of habeas corpus, 321 F.Supp. 1236. Petitioner has exhausted the remedies available to him in the Courts of the State of Tennessee. The records of all proceedings in the State Courts were examined by the District Judge and have been examined by this Court.

The basic facts are not in dispute. The murder of a prominent contractor occurred in...

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