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COMBS v. STATE OF TENN.

No. 75-1045.

530 F.2d 695 (1976)

John COMBS, Appellee, v. STATE OF TENNESSEE, Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 17, 1976.

Certiorari Denied April 26, 1976.

Attorney(s) appearing for the Case

R. A. Ashley, Atty. Gen. of Tenn., W. Henry Haile II, Etrula R. Trotter, Nashville, Tenn., for appellant.

John L. Kiener, Cantor, Kiener & Bowman, Johnson City, Tenn. (Court-appointed CJA), for appellee.

Before PHILLIPS, Chief Judge, and MILLER and LIVELY, Circuit Judges.

PHILLIPS, Chief Judge.

John Combs was found guilty by a jury of raping his eleven year old daughter, and sentenced to imprisonment of fifteen years and one day. The District Court concluded that Combs has been deprived of his liberty in violation of his right to due process of law under the fourteenth amendment and directed that the writ of habeas corpus issue unless he is retried within a reasonable time. The State of Tennessee appeals.

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