BELL v. HARRISON

No. 81-5293.

670 F.2d 656 (1982)

Freeman Leroy BELL, Petitioner-Appellant, v. Jimmy N. HARRISON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 9, 1982.


Attorney(s) appearing for the Case

Preston Wilson, Memphis, Tenn., for petitioner-appellant.

William M. Leech, Jr., Atty. Gen. of Tennessee, John C. Zimmermann, Asst. Atty. Gen., Nashville, Tenn., for respondent-appellee.

Before WEICK and LIVELY, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


PHILLIPS, Senior Circuit Judge.

This is an appeal from an order dismissing appellant's habeas corpus petition filed under 28 U.S.C. § 2254. Appellant contends that Tennessee's rape shield statute, T.C.A. § 40-2445, which limits the admissibility of evidence of a rape victim's prior consensual sexual activity, is unconstitutional both on its face and as applied in his trial.

Appellant was indicted in Shelby...

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