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FISHER v. ROSE

No. 84-5646.

757 F.2d 789 (1985)

Howard P. FISHER, Petitioner-Appellee, v. Jim ROSE and William Leech, Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided March 26, 1985.

Attorney(s) appearing for the Case

W.J. Michael Cody, Atty. Gen., John F. Southworth, Jr., Gordon W. Smith (argued), Asst. Attys. Gen., Nashville, Tenn., for respondents-appellants.

Donald Dawson (argued), Asst. Public Defender, Nashville, Tenn., for petitioner-appellee.

Before KEITH, KENNEDY and CONTIE, Circuit Judges.

CONTIE, Circuit Judge.

Respondent Rose appeals the district court's order discharging petitioner Fisher from custody and barring further prosecution by the State of Tennessee. We reverse and remand the case to the district court for further proceedings consistent with this opinion.

I.

On November 13, 1978, petitioner Howard P. Fisher was convicted by a jury in the Criminal Court of Davidson County on counts of kidnapping for the purpose of committing...

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