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KILBY v. JONES

No. 85-5718.

809 F.2d 324 (1987)

Bobby Joe KILBY, Petitioner-Appellant, v. Otie JONES, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 16, 1987.

Attorney(s) appearing for the Case

William P. Purcell, III (argued), Nashville, Tenn., for petitioner-appellant.

W.J. Michael Cody, Atty. Gen., Nashville, Tenn., Raymond S. Leathers (argued), for respondent-appellee.

Before MERRITT, JONES and WELLFORD, Circuit Judges.

MERRITT, Circuit Judge.

The threshold issue in this habeas corpus case collaterally attacking a criminal judgment from the state courts of Tennessee is whether the prisoner, Kilby, has exhausted his state judicial remedies as required by Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982), Bowen v. Tennessee, 698 F.2d 241 (6th Cir.1983), and Sampson v. Love,

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