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SIZEMORE v. FLETCHER

Nos. 89-6144, 89-6226.

921 F.2d 667 (1990)

Steve SIZEMORE, Petitioner-Appellee, Cross-Appellant, v. Lloyd FLETCHER, Warden, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 20, 1990.

Attorney(s) appearing for the Case

John L. Barton, Mary Lewis Chandler Law Office, Paintsville, Ky., for petitioner-appellee cross-appellant.

Steve Sizemore, Wooton, Ky., pro se.

Vickie L. Wise, Asst. Atty. Gen., Carol C. Ullerich (argued), Frankfort, Ky., for respondent-appellant cross-appellee.

Before KEITH and KRUPANSKY, Circuit Judges, and ENGEL, Senior Circuit Judge.

ENGEL, Senior Circuit Judge.

Respondent-appellant Lloyd Fletcher, Warden, appeals a judgment of the United States District Court for the Eastern District of Kentucky, granting a writ of habeas corpus to Petitioner-appellee Steve Sizemore on the ground that prosecutorial misconduct denied Sizemore his right to due process of law, as guaranteed by the fourteenth amendment. Sizemore was convicted of two counts of first degree murder (Ky.Rev.Stat.Ann. § 507.020)...

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