MARTIN v. ROSE

No. 83-5146.

717 F.2d 295 (1983)

Richard A. MARTIN, Petitioner-Appellee, v. Jim ROSE, Warden, Tennessee State Prison for Men, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 16, 1983.


Attorney(s) appearing for the Case

William M. Leech, Jr., Atty. Gen. of Tennessee, Jerry L. Smith (argued), Asst. Atty. Gen., Nashville, Tenn., for respondent-appellant.

William P. Redick, Jr. (argued), Lionel R. Barrett, Jr., Nashville, Tenn., for petitioner-appellee.

Before LIVELY and JONES, Circuit Judges, and RUBIN, District Judge.


PER CURIAM.

The respondent appeals from an order of the district court granting the writ of habeas corpus to the petitioner, a prisoner of the State of Tennessee. Petitioner was convicted of first degree burglary, rape, and two counts of "crimes against nature" and sentenced to a term of from 65 to 80 years in the state penitentiary. Both in his direct appeal and in the petition for post-conviction relief the plaintiff alleged that he had been denied effective assistance...

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