KELLY v. WINGO

No. 72-1460.

472 F.2d 717 (1973)

Virgil Lee KELLY, Jr., Petitioner, v. John W. WINGO, Warden, Kentucky State Penitentiary, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 25, 1973.


Attorney(s) appearing for the Case

Joseph G. Glass, Louisville, Ky., for petitioner-appellant.

David Vandeventer, Asst. Atty. Gen., Frankfort, Ky., for respondent-appellee; Ed W. Hancock, Atty. Gen., Consumer Protection Division, Frankfort, Ky., on brief.

Before PHILLIPS, Chief Judge, and EDWARDS and McCREE, Circuit Judges.


PHILLIPS, Chief Judge.

Petitioner, Virgil Lee Kelly, Jr., was convicted on April 16, 1969, in the Circuit Court of Jefferson County, Kentucky, and is presently serving a fifteen year sentence for armed robbery and a five year sentence for operating a motor vehicle without the owner's consent. He appeals the denial of his petition for writ of habeas corpus. We affirm.

Kelly had been represented by court-appointed counsel...

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