MERRITT, Chief Judge.
The Commonwealth of Kentucky has appealed the District Court's order granting a writ of habeas corpus to the petitioner-appellee, Mr. Homer Sherley. The petitioner is in the custody of the respondent-appellant, Mr. William Seabold, Warden of the Kentucky State Penitentiary, serving a 134 year sentence for convictions of robbery, burglary, attempt to commit burglary and persistent offender statutes. The District Court determined that Sherley's...
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