FOSTER v. KASSULKE

Nos. 89-5838, 89-5839.

898 F.2d 1144 (1990)

Lafonda Fay FOSTER, Plaintiff-Appellant, v. Betty KASSULKE, Warden, and Elizabeth W. Chandler, Deputy Warden, Kentucky State Correctional Institute for Women; Steve Berry, Classification Manager, and John Wigginton, Secretary, Corrections Cabinet, Defendants (89-5838/39), and Robert F. Stephens, Roy N. Vance, William M. Gant, Charles M. Leibson, Donald C. Wintersheimer, Dan Jack Combs, and Joseph Lambert, Justices of the Supreme Court of Kentucky, Defendants (89-5838), Defendants-Appellees (89-5839), and Paul F. Isaacs, Public Advocate, and David E. Norat, Director, Department of Public Advocacy, Commonwealth of Kentucky, Defendants-Appellees (89-5838), Defendants (89-5839).

United States Court of Appeals, Sixth Circuit.

Decided March 22, 1990.

Rehearing and Rehearing Denied May 4, 1990.


Attorney(s) appearing for the Case

Gail Robinson (argued), Kevin McNally, McNally & Robinson, Frankfort, Ky., for plaintiff-appellant.

Barbara W. Jones, Office of General Counsel, Corrections Cabinet, Cecily Lambert (argued), Chief Legal Counsel, Administrative Office of Courts, Edwin A. Logan (argued), Frankfort, Ky., for defendants.

Before KENNEDY and GUY, Circuit Judges; and LIVELY, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied May 4, 1990.

KENNEDY, Circuit Judge.

This appeal requires us to decide whether a federal district court may intervene in a criminal prosecution in a Kentucky state court where the state court procedures are allegedly violating appellant's rights to a meaningful appeal of her death penalty convictions. Appellant was convicted in a Kentucky trial court on five murder counts for which she received five separate death sentences...

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