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CRANE v. SOWDERS

No. 89-5289.

889 F.2d 715 (1989)

Major CRANE, Petitioner-Appellee, v. Dewey SOWDERS, Warden, Respondent-Appellant, Attorney General of Kentucky, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided November 14, 1989.

Attorney(s) appearing for the Case

Frank W. Heft, Jr. (argued), Office of Jefferson Dist. Public Defender, Louisville, Ky., for petitioner-appellee.

Frederic J. Cowan, Atty. Gen., pro se John Gillig, and Ian G. Sonego, Asst. Attys. Gen., (argued), Office of the Atty. Gen. of Kentucky, Frankfort, Ky., for respondent-appellant and respondent.

Before MERRITT, Chief Judge, and RYAN, Circuit Judge, and PECK, Senior Circuit Judge.

JOHN W. PECK, Senior Circuit Judge.

This appeal is before the court on the issue of whether the trial court's exclusion of evidence of the circumstances surrounding the appellee's confession, which was received in evidence, was harmless error. Appellee was convicted of murder. After exhausting state appellate procedures, Appellee sought federal habeas corpus relief. The district court concluded that exclusion of the evidence...

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