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BANNER v. DAVIS

No. 88-5622.

886 F.2d 777 (1989)

Kelly Gene BANNER, Petitioner-Appellee, v. Herman C. DAVIS, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 21, 1989.

Attorney(s) appearing for the Case

Kelly Gene Banner, Wartburg, Tenn., pro se.

Anthony Philip Lomonaco, Vaughan & Zuker, Knoxville, Tenn., for petitioner-appellee.

Charles W. Burson, Atty. Gen., Gordon W. Smith, Asst. Atty. Gen., Office of the Atty. Gen. of Tennessee, Nashville, Tenn., for respondent-appellant.

Before ENGEL, Chief Judge and MERRITT and NELSON, Circuit Judges.

ENGEL, Chief Judge.

Respondent-appellant Herman C. Davis, Warden, appeals a judgment of the United States District Court for the Eastern District of Tennessee, granting a writ of habeas corpus to Petitioner-appellant Kelly Gene Banner on the grounds that Banner's convictions for aggravated assault (Tenn. Code § 39-2-101) and shooting a missile calculated to produce bodily harm (Tenn. Code § 39-2-115), accompanied by an enhanced sentence under Tenn.Code ...

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