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LUCEY v. SEABOLD

No. 79-3752.

645 F.2d 547 (1981)

Keith E. LUCEY, Petitioner-Appellee, v. William SEABOLD, Superintendent, Blackburn Correctional Complex, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 2, 1981.

Rehearing Denied July 8, 1981.

Attorney(s) appearing for the Case

Robert F. Stephens, Atty. Gen., Gerald Henry, Asst. Atty. Gen., Frankfort, Ky., for respondent-appellant.

William M. Nixon, Richmond, Ky., William M. Radigan, Asst. Public Defender, Frankfort, Ky., for petitioner-appellee.

Before EDWARDS, Chief Judge, ENGEL and NATHANIEL R. JONES, Circuit Judges.

PER CURIAM.

This is an appeal from the United States District Court for the Eastern District of Kentucky which entered a writ of habeas corpus on petition of appellee Lucey who claimed deprivation of his right to effective assistance of appellate counsel.

The facts in this case show that Lucey's retained counsel had perfected his appeal and had filed the necessary record and briefs but the Court of Appeals of Kentucky had dismissed his appeal because he had...

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