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MOORE v. COWAN

Nos. 76-1859, 76-1889, 76-2377 and 76-2378.

560 F.2d 1298 (1977)

Alton MOORE, Jr., Petitioner-Appellant, v. Henry E. COWAN, Warden, Respondent-Appellee. Edward Earl STOVER, Petitioner-Appellant, v. Henry E. COWAN, Warden, Respondent-Appellee. Robert Eugene SMITH, Petitioner-Appellant, v. Henry E. COWAN, Warden, Respondent-Appellee. Donnie Darrell RANDOLPH, Petitioner-Appellant, v. Henry E. COWAN, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 26, 1977.

Rehearing and Rehearing Denied October 5, 1977.

Attorney(s) appearing for the Case

Dean Hill Rivkin, Knoxville, Tenn. (Court-appointed CJA), for petitioners-appellants in Nos. 76-1859, 76-1889.

Terrence R. Fitzgerald, Asst. Dist. Defender, Office of the Jefferson Dist. Public Defender, Louisville, Ky., for petitioners-appellants in Nos. 76-2377, 76-2378.

Robert F. Stephens, Atty. Gen. of Ky., Martin Glazer, Frankfort, Ky., for respondent-appellee in No. 76-1889.

Robert F. Stephens, Atty. Gen. of Ky., Victor Fox, Frankfort, Ky., for respondent-appellee in No. 76-2377.

Robert F. Stephens, Atty. Gen. of Ky., Miles H. Franklin, Frankfort, Ky., for respondent-appellee in No. 76-2378.

Before PECK and ENGEL, Circuit Judges, and GREEN, Senior District Judge.

Rehearing and Rehearing En Banc Denied October 5, 1977.

GREEN, Senior District Judge.

These appeals from denials of writs of habeas corpus have been consolidated for the reason that each presents the same basic constitutional issue—whether the imposition of the punishment of life imprisonment without parole for the rape of a female over twelve years old is constitutionally impermissible as violative of the...

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