WHITE v. SOWDERS

No. 79-3242.

644 F.2d 1177 (1980)

Robert Lee WHITE, Petitioner-Appellee, v. Dewey SOWDERS, Superintendent, Kentucky State Reformatory; and Robert F. Stephens, Attorney General of Kentucky, Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 1, 1980.


Attorney(s) appearing for the Case

Robert W. Hensley, Asst. Atty. Gen., Frankfort, Ky., for respondents-appellants.

Randall L. Wheeler, Frankfort, Ky. (court-appointed), for petitioner-appellee.

Before WEICK, CELEBREZZE and ENGEL, Circuit Judges.


ENGEL, Circuit Judge.

Kentucky appeals the district court's grant of habeas corpus relief to petitioner Robert Lee White. We affirm in part, reverse in part and remand for further proceedings.

White was 17 years old when he and three others were arrested in connection with a January 22, 1975 robbery of a Fleming County, Kentucky general store and four of its patrons. Kentucky Revised Statutes (K.R.S.) § 208.170(1) provides that where there is reason to...

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