LUNDY v. CAMPBELL

No. 88-6257.

888 F.2d 467 (1989)

Noah H. LUNDY, Petitioner-Appellee, v. Donal CAMPBELL and Charles W. Burson, Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 1, 1989.

Rehearing and Rehearing Denied December 18, 1989.


Attorney(s) appearing for the Case

Noah Harrison Lundy, Turney Center Industrial Prison, Only, Tenn., pro se.

Donald E. Dawson, Searcy, Smith & Dawson, Nashville, Tenn., for petitioner-appellee.

Jerry Smith, Norma Crippen Ballard, Asst. Attys. Gen., Charles W. Burson, Atty. Gen., Nashville, Tenn., for respondents-appellants.

Before: GUY and RYAN, Circuit Judges; and DOWD, District Judge.


Rehearing and Rehearing En Banc Denied December 18, 1989.

RYAN, Circuit Judge.

In this case we review, de novo, the judgment of the district court granting a writ of habeas corpus upon its determination that the petitioner's state trial was fundamentally unfair in violation of his right to due process. We respectfully disagree, and reverse.

I.

Noah H. Lundy was convicted in a Tennessee state court in August 1973 of two felonies, rape...

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