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THACKER v. BORDENKIRCHER

Nos. 78-3150, 78-3430.

590 F.2d 640 (1979)

Malcolm THACKER, Petitioner-Appellant, v. Donald E. BORDENKIRCHER, Jr., Superintendent, Kentucky State Penitentiary, Respondent-Appellee. Terrell THACKER, Petitioner-Appellant, v. Joseph D. ISON, Superintendent, Kentucky State Forestry Camp, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 8, 1979.

Attorney(s) appearing for the Case

J. Vincent Aprile, II, Asst. Deputy Defender, Frankfort, Ky., Malcom Thacker, Eddyville, Ky., for petitioner-appellant in No. 78-3150.

W. Robert Lotz, Jr., Covington, Ky., court-appointed CJA, Terrell Thacker, Jr., Harlan, Ky., for petitioner-appellant, in No. 78-3430.

Robert F. Stephens, Atty. Gen. of Kentucky, Mark F. Armstrong, Asst. Atty. Gen., Frankfort, Ky., for respondents-appellees.

Before PHILLIPS, Chief Judge, and LIVELY and ENGEL, Circuit Judges.

LIVELY, Circuit Judge.

These two appeals were consolidated for oral argument after separate briefing. The sole issue in both appeals relates to representation by a single attorney of more than one defendant in a criminal trial. The defendants were indicted and jointly tried in the Circuit Court of Pike County, Kentucky for the shotgun slaying of Dennie Lee Justice. The jury found Terrell Thacker guilty of willful murder and...

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