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WILEY v. SOWDERS

No. 80-3445.

647 F.2d 642 (1981)

Earl Wayne WILEY, Petitioner-Appellant, v. Dewey SOWDERS, Superintendent, Kentucky State Reformatory, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 24, 1981.

Attorney(s) appearing for the Case

Kevin Michael McNally, Asst. Public Advocate, Frankfort, Ky., (Court-appointed), for petitioner-appellant.

Earl Wayne Wiley, pro se.

Steven Beshear, Atty. Gen. of Ky., Michael R. Beiting, Asst. Atty. Gen., Frankfort, Ky., for respondent-appellee.

Before WEICK and ENGEL, Circuit Judges, and HILLMAN, District Judge.

DOUGLAS W. HILLMAN, District Judge.

Earl Wiley, petitioner, was indicted by the Henderson County Grand Jury on August 1, 1978, along with his brother, Elmer Wiley, of first degree burglary,1 theft of the value of $100 or more2 and being a persistent felony offender in the second degree.3 The offenses were allegedly committed on July 13...

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