SHERLEY v. SEABOLD

No. 90-6036.

929 F.2d 272 (1991)

Homer Lee SHERLEY, Jr., Petitioner-Appellee, v. William SEABOLD, Warden of the Kentucky State Penitentiary; Frederic J. Cowan, Attorney General of the Commonwealth of Kentucky, Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 4, 1991.

Order Denying Petition to Rehear May 24, 1991.


Attorney(s) appearing for the Case

Homer Lee Sherley, Jr., pro se.

Fred R. Radolovich (argued), [NTC cja] Louisville, Ky., for petitioner-appellee.

Frederic J. Cowan, Atty. Gen., Perry T. Ryan, Asst. Atty. Gen. (argued), Frankfort, Ky., for respondents-appellants.

Before MERRITT, Chief Judge, KENNEDY and JONES, Circuit Judges.


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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