KIRBY v. DUTTON

No. 84-5757.

794 F.2d 245 (1986)

Johnny Lee KIRBY, Petitioner-Appellant, v. Michael DUTTON, Warden; William Leech, Attorney General, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 8, 1986.


Attorney(s) appearing for the Case

W.J. Michael Cody, Atty. Gen., Bettye Springfield-Carter, argued, Michael Dutton, Warden Tennessee State Penitentiary, Nashville, Tenn., for respondents-appellees.

Thomas W. Brothers (CJA), argued, Nashville, Tenn., for petitioner-appellant.

Before MARTIN, KRUPANSKY and GUY, Circuit Judges.


BOYCE F. MARTIN, Jr., Circuit Judge.

Johnny Lee Kirby appeals the district court's denial of his petition for habeas corpus. Kirby was convicted in Tennessee state court of two counts of assault with intent to commit murder. The Tennessee Court of Criminal Appeals affirmed Kirby's conviction and the Tennessee Supreme Court denied leave to appeal. Kirby is now an inmate serving two concurrent sentences of twenty years.

Kirby's appeal before this Court stems...

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