PAYNE v. REES

Nos. 82-5557, 82-5558.

738 F.2d 118 (1984)

Thomas Robert PAYNE, Jr., Petitioner-Appellant, Cross Appellee, v. John REES, Warden; Steven L. Beshear, Attorney General, Respondents-Appellees, Cross Appellants.

United States Court of Appeals, Sixth Circuit.

Decided June 27, 1984.


Attorney(s) appearing for the Case

Jan R. Waddell (argued), Louisville, Ky., for petitioner-appellant, cross appellee.

David Armstrong, Atty. Gen. of Ky., Frankfort, Ky., Paul E. Reilender, Jr., Asst. Atty. Gen. (argued), for respondents-appellees, cross appellants.

Before KENNEDY and WELLFORD, Circuit Judges, and McRAE, District Judge.


WELLFORD, Circuit Judge.

The district court in this habeas corpus application denied relief from petitioner Payne's Kentucky convictions for rape and for detaining a female, but granted relief from a second conviction for detaining a female. Both parties appeal from the district court's rulings which were adverse to their contentions at the hearing. Petitioner is a very tall young black man who was a well known athlete in Kentucky. He was indicted in May 1972 for...

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