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DICK v. SCROGGY

No. 88-5291.

882 F.2d 192 (1989)

Stanley DICK, Petitioner-Appellant, v. Gene SCROGGY, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed August 14, 1989.

Attorney(s) appearing for the Case

Stanley Dick, Kentucky State Penitentiary, Eddyville, Ky., Charles E. English, Jr. (argued), English, Lucas, Priest & Owsley, Bowling Green, Ky., for Stanley Dick, petitioner-appellant.

Frederic J. Cowan, Atty. Gen., David K. Martin, John Gillig (argued), Asst. Attys. Gen., Frankfort, Ky., for Gene Scroggy, Warden, respondent-appellee.

Before MILBURN and NELSON, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

DAVID A. NELSON, Circuit Judge.

The petitioner in this habeas corpus case was convicted in a Kentucky state court on felony charges arising out of a motor vehicle accident caused by his drunken driving. Shortly after the conviction a civil action for damages was filed against petitioner by a woman who had been injured in the accident. The lawyer representing the plaintiff in the personal injury case was the same person who had prosecuted petitioner in the criminal...

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