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CLAY v. BLACK

No. 72-2055.

479 F.2d 319 (1973)

Herbert CLAY, Petitioner-Appellant, v. Harold BLACK, Warden, Kentucky State Reformatory, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 1, 1973.

Attorney(s) appearing for the Case

Melvin L. Wulf, Lawrence G. Sager, American Civil Liberties Union, New York City, Robert Allen Sedler, Lexington, Ky. (argued), for petitioner-appellant on behalf of the Kentucky Civil Liberties Union; Richard N. Rose, Lexington, Ky., on brief.

Douglas E. Johnson, Sp. Asst. Atty. Gen., for respondent-appellee; Ed W. Hancock, Atty. Gen., Frankfort, Ky., on brief.

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

PER CURIAM.

The habeas corpus petition of Herbert Clay is before this court for a second time. The facts are detailed in our prior opinion. 455 F.2d 667 (1972). After the evidentiary hearing ordered by this court, the District Court denied the application for the writ. This denial is appealed. We reverse.

Petitioner was convicted in a State court of Kentucky of wilful murder and sentenced to life imprisonment. The alleged...

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