ABBOTT v. PARKE

No. 88-6429.

893 F.2d 868 (1990)

Elmer D. ABBOTT, Petitioner-Appellee, v. Al C. PARKE, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 16, 1990.


Attorney(s) appearing for the Case

Maury D. Kommor (argued), Louisville, Ky., Elmer D. Abbott, LaGrange, Ky., for petitioner-appellee.

Frederic J. Cowan, Atty. Gen., Mark Wintersheimer, Asst. Atty. Gen., William B. Pettus, Asst. Atty. Gen. (argued), Office of the Atty. Gen. of Kentucky, Frankfort, Ky., for respondent-appellant.

Before JONES and NORRIS, Circuit Judges, and ENGEL, Senior Circuit Judge.


ALAN E. NORRIS, Circuit Judge.

Elmer Abbott was convicted by a Fayette County, Kentucky jury of felony theft and the murder of Donald Turner. Abbott filed a petition for a writ of habeas corpus in the Eastern District of Kentucky. In it he alleged that the police violated his Sixth Amendment rights by taking statements from him in the absence of counsel, after he had requested and been assigned counsel at an arraignment on traffic charges. The district court granted...

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