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COOK v. BORDENKIRCHER

No. 78-3589.

602 F.2d 117 (1979)

James COOK, Petitioner-Appellant, v. Donald E. BORDENKIRCHER, Superintendent, Kentucky State Penitentiary at Eddyville, Kentucky, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 28, 1979.

Attorney(s) appearing for the Case

William C. Ayer, Jr., Asst. Deputy Public Advocate, Erwin W. Lewis, Asst. Public Defender, Frankfort, Ky. (Court appointed CJA), for petitioner-appellant.

Robert F. Stephens, Atty. Gen. of Ky., Joseph R. Johnson, Asst. Atty. Gen., Frankfort, Ky., for respondent-appellee.

Before WEICK and KEITH, Circuit Judges, and CECIL, Senior Circuit Judge.

KEITH, Circuit Judge.

On September 18, 1975, a Kentucky Circuit Court jury found petitioner James Cook guilty of one count of first degree rape1 and two counts of sodomy.2 Pursuant to Kentucky procedure,3 the jury fixed his punishment at the maximum of 20 years imprisonment on each count. The petitioner was sentenced on September 29, 1975, and the sentences were ordered to run consecutively...

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