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HODGES v. ROSE

Nos. 77-1374 and 77-1375.

570 F.2d 643 (1978)

Isadore HODGES, Jr., and Andrew Lewis, Jr., Petitioners-Appellants, v. James ROSE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 14, 1978.

Attorney(s) appearing for the Case

Robert E. Rose, Memphis, Tenn. (court-appointed), for Andrew Lewis, Jr.

Brooks McLemore, Jr., Atty. Gen. of Tennessee, John F. Southworth, Jr., Nashville, Tenn., for respondent-appellee.

Forest M. Norville, Memphis, Tenn. (court-appointed), for Isadore Hodges.

Before EDWARDS, CELEBREZZE and PECK, Circuit Judges.

CELEBREZZE, Circuit Judge.

This is an appeal by two Tennessee prisoners from an order of the District Court denying their petition for a writ of habeas corpus. Appellants Hodges and Lewis were convicted in a 1971 joint trial for murder in the perpetration of rape.1 They are currently serving 99 year sentences at the Tennessee State Penitentiary in Nashville.2

In the 1971 prosecution, Appellants were...

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