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LAIRD v. LACK

No. 88-6156.

884 F.2d 912 (1989)

Kennon LAIRD, Petitioner-Appellee, v. Larry LACK, et al., Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 7, 1989.

Rehearing and Rehearing Denied October 13, 1989.

Attorney(s) appearing for the Case

Henry A. Martin (argued) and Richard Moore, Fed. Public Defenders, Federal Public Defenders Office, Nashville, Tenn., for Kennon Laird, petitioner-appellee.

W.J. Michael Cody, Atty. Gen., pro se and Jerry Smith (argued) and Norma Crippen Ballard, Asst. Attys. Gen., Office of the Atty. Gen. of Tennessee, Nashville, Tenn., for Larry Lack, Warden, et al.

Before MERRITT and NELSON, Circuit Judges, and LIVELY, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied October 13, 1989.

DAVID A. NELSON, Circuit Judge.

A Tennessee jury found Kennon Laird and his co-defendant, Moses Coury, guilty of the offense of assault from ambush.* After exhausting his state court rights of appeal, Mr. Laird sought and obtained the federal writ of habeas corpus that we are called upon to review in this appeal. The question presented is whether, under the federal constitutional...

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