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STACY v. LOVE

No. 81-5312.

679 F.2d 1209 (1982)

William Earl STACY, Petitioner-Appellee, v. Aileen LOVE, Warden; William Leech, Attorney General of the State of Tennessee, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 3, 1982.

Attorney(s) appearing for the Case

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

Walter C. Kurtz, Public Defender, Nashville, Tenn. (court-appointed), for petitioner-appellee.

Before MARTIN, Circuit Judge, WEICK, Senior Circuit Judge, and HILLMAN, District Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

The State of Tennessee appeals an order of the United States District Court for Middle Tennessee, granting Stacy's writ of habeas corpus pursuant to 28 U.S.C. § 2254. In February of 1978, Stacy was convicted of first degree murder and sentenced to life imprisonment by a Knox County, Tennessee jury. After an unsuccessful appeal to the Court of Criminal Appeals of Tennessee, Stacy petitioned for and was granted a writ of certiorari...

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