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RACHEL v. BORDENKIRCHER

No. 78-3040.

590 F.2d 200 (1978)

Danny G. RACHEL, Petitioner-Appellant, v. Donald E. BORDENKIRCHER, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 29, 1978.

Attorney(s) appearing for the Case

J. Vincent Aprile, II, Asst. Deputy Public Defender, M. Gail Robinson, Asst. Public Defender, Frankfort, Ky., for petitioner-appellant.

Danny Gale Rachel, pro se.

Robert F. Stephens, Atty. Gen. of Kentucky, Patrick B. Kimberlin, II, Rickie L. Pearson, Asst. Attys. Gen., Frankfort, Ky., for respondent-appellee.

Before PHILLIPS, Chief Judge, KEITH, Circuit Judge, and PECK, Senior Circuit Judge.

KEITH, Circuit Judge:

On January 21 and 22, 1974, petitioner Danny Gale Rachel and a codefendant, George Bishop Boggs, were tried for murder in the Letcher County, Kentucky Circuit Court. Petitioner was convicted of voluntary manslaughter and sentenced to 18 years imprisonment. Boggs was convicted of wilful murder and sentenced to life imprisonment. On appeal, the Court of Appeals of Kentucky (now the Supreme Court of Kentucky) affirmed petitioner's conviction.

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