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DALE v. HAEBERLIN

No. 88-5640.

878 F.2d 930 (1989)

Jack Allen DALE, Petitioner-Appellee, v. Glenn HAEBERLIN, Acting Warden, Kentucky State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 3, 1989.

Rehearing Denied July 31, 1989.

Rehearing and Rehearing Denied September 7, 1989.

Attorney(s) appearing for the Case

J. David Niehaus, Public Defender, Frank W. Heft, Jr. (argued), Louisville, Ky., for petitioner-appellee.

Frederic J. Cowan, Atty. Gen., Robert W. Hensley, Asst. Atty. Gen. (argued), Frankfort, Ky., for respondent-appellant.

Before WELLFORD and GUY, Circuit Judges, and BROWN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied September 7, 1989.

RALPH B. GUY, Jr., Circuit Judge.

Respondent, Glenn Haeberlin, the acting warden of the Kentucky State Penitentiary, appeals from a district court order granting prisoner Dale's petition for a writ of habeas corpus. The district court found that the Kentucky state courts violated the federal Constitution's ex post facto clause in sentencing Dale. Finding the district court's ex post facto...

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