HARRIS v. REES

No. 85-5662.

794 F.2d 1168 (1986)

Walter McKinley HARRIS, Plaintiff-Appellee, v. John D. REES, Superintendent, Kentucky State Reformatory, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 16, 1986.


Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen. of Ky., Frankfort, Ky., Greg Holmes argued, for defendants-appellants.

Ed W. Tranter argued, Ft. Thomas, Ky., for plaintiff-appellee.

Walter McKinley Harris, pro se.

Before JONES and WELLFORD, Circuit Judges; and GILMORE, District Judge.


GILMORE, District Judge.

This appeal from the issuance of the writ of habeas corpus raises two questions: whether appellee exhausted his state remedies, and, if so, whether he was denied equal protection of the law when the Kentucky trial court refused to allow him to proceed on appeal in forma pauperis.

Appellee was convicted by a Boone County, Kentucky circuit court jury of armed robbery and murder, and was sentenced on January 4, 1974 to two consecutive...

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