KIRBY v. DUTTON

No. 86-6276.

831 F.2d 1280 (1987)

Frank KIRBY, Petitioner-Appellant, v. Michael DUTTON, Warden; and Michael Cody, Attorney General, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 28, 1987.


Attorney(s) appearing for the Case

Gary L. Anderson (argued), Knoxville, Tenn., for petitioner-appellant.

W.J. Michael Cody, Atty. Gen. of Tennessee, Kathy M. Principe (argued), Nashville, Tenn., for respondents-appellees.

Before LIVELY, Chief Judge, KEITH Circuit Judge, and DOWD, District Judge.


KEITH, Circuit Judge.

Petitioner Frank Kirby appeals from the district court's denial of a writ of habeas corpus arising from his 1974 murder conviction in Tennessee. For the reasons set forth below, we AFFIRM the district court's denial of the writ.

I.

On January 17, 1974, petitioner was convicted in the Criminal Court of White County, Tennessee, of murder and was subsequently sentenced to the state penitentiary. On the same day, petitioner's brother...

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