No. 88-5154.

857 F.2d 344 (1988)

Edward CAUDILL, Petitioner-Appellant, v. Will T. SCOTT, Circuit Judge, and Pike Circuit Court, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 20, 1988.

Attorney(s) appearing for the Case

Ned B. Pillersdorf, argued, Prestonsburg, Ky., for petitioner-appellant.

Vickie L. Wise, Asst. Atty. Gen., argued, Frederic J. Cowan, Atty. Gen., Elizabeth A. Myerscough, Asst. Atty. Gen., Frankfort, Ky., for respondents-appellees.

Before LIVELY, RYAN and NORRIS, Circuit Judges.


This case concerns the Sixth Amendment right of the accused in a criminal prosecution to be tried by a jury of the "State and district wherein the crime shall have been committed." The question is whether a state prosecution must take place in the state judicial district where the crime was committed. The Federal Magistrate to whom the matter was referred held that "the Sixth Amendment right of vicinage does not apply to the states." The district court...

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