LONG v. SMITH

No. 80-3057.

663 F.2d 18 (1981)

Elbert Phillip LONG, Petitioner-Appellant, v. Steven SMITH, Superintendent, Kentucky State Reformatory at Lagrange, Kentucky, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 21, 1981.

As Amended October 29, 1981.


Attorney(s) appearing for the Case

Erwin W. Lewis, Asst. Public Advocate, Frankfort, Ky. (court-appointed), for petitioner-appellant.

Robert F. Stephens, Atty. Gen. of Kentucky, Nancy A. Barrickman, Asst. Atty. Gen., Frankfort, Ky., for respondent-appellee.

Before EDWARDS, Chief Judge, and WEICK and JONES, Circuit Judges.


WEICK, Circuit Judge.

Petitioner-Appellant Elbert Phillip Long (Long) has appealed to this court from an order of the District Court denying his application for a writ of habeas corpus under 28 U.S.C. § 2254.

Long had been convicted of murder and attempted rape by a jury in the Circuit Court of Davies County, Kentucky, and was sentenced to a term of life and five years imprisonment, respectively. His conviction was affirmed on direct appeal by the Supreme...

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