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JEFFERSON v. MORGAN

No. 91-5764.

962 F.2d 1185 (1992)

James Thomas JEFFERSON, Petitioner-Appellee, v. Jack MORGAN, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 29, 1992.

Attorney(s) appearing for the Case

Charles R. Ray (briefed), Bryan & Marett, Donald E. Dawson (argued), Ray & Housch, Nashville, Tenn., for petitioner-appellee.

Charles W. Burson, Atty. Gen., Debra K. Inglis, Asst. Atty. Gen. (argued and briefed), Nashville, for respondent-appellant.

Before: KEITH and MARTIN, Circuit Judges; and BELL, District Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

Jack Morgan, who is warden of the Tennessee State Penitentiary, appeals the judgment of the district court granting James Thomas Jefferson a writ of habeas corpus under 28 U.S.C. § 2254. For the following reasons, we affirm.

On July 23, 1968, a Davidson County, Tennessee, grand jury indicted Jefferson, a black citizen, for first-degree murder, rape, and assault with intent...

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