ELLIOTT v. MORFORD

No. 76-1834.

557 F.2d 1228 (1977)

Otis ELLIOTT, Petitioner-Appellant, v. Robert MORFORD, acting Warden, Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 6, 1977.


Attorney(s) appearing for the Case

George M. Derryberry, Chattanooga, Tenn. (Court-appointed), for petitioner-appellant.

Otis Elliott, pro se.

R. A. Ashley, Atty. Gen. of Tennessee, William C. Koch, Nashville, Tenn., for respondent-appellee.

Before EDWARDS and PECK, Circuit Judges, and CECIL, Senior Circuit Judge.


CECIL, Senior Circuit Judge.

This is an appeal by Otis Elliott, Petitioner-Appellant, from a denial of his petition for a writ of habeas corpus in the United States District Court for the Eastern District of Tennessee, Southern Division.

The appellant and his co-defendant, Jerry Wayne Mitchum, were jointly indicted with three other co-defendants for the murder of Cornelius C. McClary in a robbery of his store on the morning of July 19, 1972. One other co-defendant...

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