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TURNER v. STATE OF TENN.

No. 87-5891.

858 F.2d 1201 (1988)

James Howard TURNER, Petitioner-Appellee, v. STATE OF TENNESSEE, et al., Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 7, 1988.

Attorney(s) appearing for the Case

W.J. Michael Cody, Atty. Gen. of Tennessee, Nashville, Tenn., Kymberly Lynn Anne Hattaway (argued), for respondents-appellants.

Edward N. Yarbrough (argued), J. Russell Heldman, Hollins, Wagster and Yarbrough, Nashville, Tenn., for petitioner-appellee.

Before KEITH, MARTIN, and RYAN, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

The State of Tennessee appeals the district court's conditional grant of a writ of habeas corpus. James Howard Turner, who was awaiting retrial in a Tennessee criminal court, petitioned the district court for habeas corpus relief on the grounds that his impending retrial would violate his Sixth Amendment right to the effective assistance of counsel and his Fourteenth Amendment right to due process of law free of vindictive prosecution...

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