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JONES v. HOGG

No. 83-5529.

732 F.2d 53 (1984)

Elhannon JONES, Jr., Petitioner-Appellant, v. F. Byrd HOGG, Special Judge, Perry Circuit Court, Hazard, Kentucky, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 12, 1984.

Attorney(s) appearing for the Case

William M. Scalf, Carolyn Geisler, argued, Lexington, Ky., for petitioner-appellant.

James M. Ringo, Asst. Atty. Gen., argued, Frankfort, Ky., for respondent-appellee.

Before MARTIN and KRUPANSKY, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

Elhannon Jones, Jr. appeals the denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. §§ 2241 and 2254.

Jones has been prosecuted three times by the Commonwealth of Kentucky for the offense of murder, KRS 507.020(1)(a). Each trial ended in a hung jury. After each trial, a mistrial was declared. Each of the three trials was presided over by a different...

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