MURPHY v. SOWDERS

Nos. 85-5337, 85-5338.

801 F.2d 205 (1986)

Gregory Arnold MURPHY, Petitioner-Appellee, Cross-Appellant, v. Dewey SOWDERS, Superintendent, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 12, 1986.

Rehearing and Rehearing Denied November 3, 1986.


Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen. of Ky., Frankfort, Ky., Joseph R. Johnson argued, for respondent-appellant cross-appellee.

Frank W. Heft, Jr. argued, Jefferson Dist. Public Defender, Louisville, Ky., for petitioner-appellee cross-appellant.

Before KRUPANSKY and MILBURN, Circuit Judges; and BROWN, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied November 3, 1986.

KRUPANSKY, Circuit Judge.

The Commonwealth of Kentucky has appealed the order of the United States District Court for the Western District of Kentucky, 607 F.Supp. 385 (1985), granting a writ of habeas corpus to the petitioner-appellee Gregory Arnold Murphy (Murphy), who had been tried and convicted in a Kentucky state court for the murder of a woman in October of...

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