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DELK v. ATKINSON

No. 80-5376.

665 F.2d 90 (1981)

Samuel DELK, Petitioner-Appellee, v. Frank D. ATKINSON, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 25, 1981.

Attorney(s) appearing for the Case

William M. Leech, Atty. Gen. of Tennessee, Robert L. Jolley, Jr., Senior Asst. Atty. Gen., Nashville, Tenn., for respondent-appellant.

Lionel R. Barrett, Jr., William Redick, Nashville, Tenn., for petitioner-appellee.

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

LIVELY, Circuit Judge.

The district court granted a writ of habeas corpus which had the effect of enjoining retrial of the petitioner on a murder charge. Following his jury conviction of murder in the second degree in a state trial court the petitioner appealed to the Tennessee Court of Criminal Appeals, and ultimately to the Tennessee Supreme Court claiming, inter alia, that the verdict of the jury was not supported by sufficient evidence. The supreme court...

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