LUCEY v. KAVANAUGH

No. 82-5596.

724 F.2d 560 (1984)

Keith E. LUCEY, Petitioner-Appellee, v. Paul KAVANAUGH, Supt., et al., Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 12, 1984.

Certiorari Granted April 23, 1984.


Attorney(s) appearing for the Case

Steven L. Beshear, Atty. Gen., Gerald Henry, Asst. Atty. Gen., argued, Frankfort, Ky., for respondents-appellants.

William M. Radigan, Asst. Public Advocate, argued, Frankfort, Ky., William M. Nixon, Richmond, Ky., for petitioner-appellee.

Before EDWARDS and CONTIE, Circuit Judges, and SPIEGEL, District Judge.


Certiorari Granted April 23, 1984. See 104 S.Ct. 2149.

GEORGE CLIFTON EDWARDS, Jr., Circuit Judge.

In this appeal the State of Kentucky appeals an order entered by Chief Judge Bernard Moynahan of the Eastern District of Kentucky granting a petition for writ of habeas corpus to appellee Keith E. Lucey. The essential facts and issue at law are set forth effectively in the opinion entered after a remand to Judge Moynahan, which opinion reads, in part, as follows...

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