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COURY v. LIVESAY

No. 88-5373.

868 F.2d 842 (1989)

Moses A. COURY, Petitioner-Appellant, v. Gary LIVESAY, Warden and W.J. Michael Cody, Attorney General, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 23, 1989.

Attorney(s) appearing for the Case

Martin Lieberman (argued), Thomas A. Thinnes, and Thomas A. Thinnes, P.A., Phoenix, Ariz., for Moses A. Coury, petitioner-appellant.

Kathy M. Principe, Jerry Smith, and C. Anthony Daughtrey (argued), Asst. Attys. Gen., Office of the Atty. Gen. of Tennessee, Nashville, Tenn., for Gary Livesay, Warden and W.J. Michael Cody, Atty. Gen., respondents-appellees.

Before MILBURN and NORRIS, Circuit Judges, and SUHRHEINRICH, District Judge.

SUHRHEINRICH, District Judge.

On September 24, 1983, after a trial by jury, Moses A. Coury ("petitioner") was convicted in the Criminal Court for the County of Williamson, Tennessee of assault from ambush with a deadly weapon in violation of Tenn.Code Ann. § 39-2-107. This conviction was upheld by the Tennessee Court of Criminal Appeals. After appeal was denied to the Tennessee Supreme Court, petitioner filed an application for a writ of habeas corpus pursuant...

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