FINNEY v. ROTHGERBER

No. 84-5157.

751 F.2d 858 (1985)

Lazarus C. FINNEY, Plaintiff-Appellant, v. Harry J. ROTHGERBER, Jr., Kentucky Parole Board, George Wilson, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 8, 1985.


Attorney(s) appearing for the Case

Frank W. Heft, Jr., Jefferson Dist. Public Defender, Louisville, Ky., for plaintiff-appellant.

David L. Armstrong, Atty. Gen. of Ky., Penny R. Warren, Asst. Atty. Gen., David W. Mossbrook, argued, Frankfort, Ky., for defendants-appellees.

Before LIVELY, Chief Judge, KRUPANSKY, Circuit Judge, and CELEBREZZE, Senior Circuit Judge.


LIVELY, Chief Judge.

Two issues are presented in this habeas corpus appeal. The first is whether the state trial court violated a criminal defendant's constitutional right to be present at every stage of the proceedings by denying a motion to postpone the conclusion of the trial when the defendant failed to return to the courtroom following a luncheon recess. If the first issue is not dispositive, the second is whether the trial court violated the defendant's Fifth...

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