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FRANKLIN v. ROSE

No. 85-5905.

811 F.2d 322 (1987)

Marty O'Shea FRANKLIN, Petitioner-Appellant, v. James ROSE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 13, 1987.

Attorney(s) appearing for the Case

Paul J. Neel, Jr., argued (court appointed), Louisville, Ky., for petitioner-appellant.

James W. Thompson, argued, Jerry L. Smith, Deputy Atty. Gen., Nashville, Tenn., for respondent-appellee.

Before KRUPANSKY and RYAN, Circuit Judges, and HULL, District Judge.

KRUPANSKY, Circuit Judge.

Petitioner-appellant Marty O'Shea Franklin (Franklin) appealed from an order of the district court dismissing his petition for a writ of habeas corpus for his failure to exhaust available state judicial remedies as required by 28 U.S.C. § 2254.1 The record disclosed the following facts.

Franklin was convicted in the Criminal Court of Shelby County, Tennessee...

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