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SPARKS v. SOWDERS

No. 87-5749.

852 F.2d 882 (1988)

Roy Kenneth SPARKS, Petitioner-Appellant, v. Dewey SOWDERS, Warden, Northpoint Training Center, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 4, 1988.

Attorney(s) appearing for the Case

J. Kirk Griggs, II (argued), Lexington, Ky., for petitioner-appellant.

David Armstrong, Atty. Gen., Frankfort, Ky., Joseph R. Johnson (argued), for respondent-appellee.

Before KENNEDY and JONES, Circuit Judges, and CONTIE, Senior Circuit Judge.

CONTIE, Senior Circuit Judge.

Petitioner, Roy Kenneth Sparks, appeals from the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the following reasons, we REVERSE the judgment of the district court and REMAND for an evidentiary hearing.

I.

Petitioner was charged with murder and first degree robbery by a Carter County grand jury in the commonwealth of Kentucky. The case went to trial in March...

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