WILEY v. SOWDERS

No. 81-5389.

669 F.2d 386 (1982)

Elmer Lee WILEY, Petitioner-Appellant, v. Dewey SOWDERS; Steven Beshear, Attorney General, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 11, 1982.

Supplemental Opinion on Denial of Rehearing February 10, 1982.


Attorney(s) appearing for the Case

Rodney McDaniel, Asst. Public Advocacy, State Office Bldg. Annex, Frankfort, Ky., for petitioner-appellant.

Steven L. Beshear, Atty. Gen. of Ky., Michael R. Beiting and Paul E. Reilender, Jr., Frankfort, Ky., for respondents-appellees.

Before MERRITT and BROWN, Circuit Judges, and PRATT, District Judge.


PER CURIAM.

The petitioner, Elmer Lee Wiley, appeals the District Court's denial of his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 by the District Court. This Court, in a recent decision, granted habeas corpus relief to Earl Wiley, brother of the petitioner and his codefendant at trial, under facts which are nearly identical to this case. Wiley v. Sowders, 647 F.2d 642 (6th Cir. 1981). We find this...

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