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BLAKE v. MORFORD

No. 76-1639.

563 F.2d 248 (1977)

Johnnie L. BLAKE, Petitioner-Appellant, v. Robert V. MORFORD, Superintendent, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed October 7, 1977.

Attorney(s) appearing for the Case

Johnnie L. Blake, Robert E. Owens, Jr., Cincinnati, Ohio, for petitioner-appellant.

R. A. Ashley, Jr., Atty. Gen. of Tennessee, William J. Haynes, Jr., Nashville, Tenn., for respondent-appellee.

Before EDWARDS and PECK, Circuit Judges, and WEINMAN, Senior District Judge.

JOHN W. PECK, Circuit Judge.

Appellant Blake was indicted by a Shelby County, Tennessee, grand jury on the charge that he "did unlawfully, feloniously, wilfully, deliberately, premeditatively, and of malice aforethought kill and murder Sandra Lee Mulherin." Appellant's first trial resulted in a mistrial, but at his second trial, he was convicted by a jury of first degree murder as charged in the indictment and was sentenced to ninety-nine years imprisonment. The conviction...

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