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SIMS v. LIVESAY

No. 91-5757.

970 F.2d 1575 (1992)

Johnny Edward SIMS, Petitioner-Appellee, v. Gary LIVESAY, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 3, 1992.

Attorney(s) appearing for the Case

Douglas A. Trant (argued and briefed), Knoxville, Tenn., for petitioner-appellee.

C. Anthony Daughtrey, Asst. Atty. Gen. (argued and briefed), Office of Atty. Gen. of Tenn., Nashville, Tenn., for respondent-appellant.

Before: MERRITT, Chief Judge, JONES and BATCHELDER, Circuit Judges.

MERRITT, Chief Judge.

The State of Tennessee appeals the District Court's order granting the writ of habeas corpus to Johnny Edward Sims. Sims is currently serving a life sentence plus five years after having been convicted by a jury for murdering his wife, Shirley Sims, and for employing a firearm in the commission of a felony. The District Court, Judge Thomas Hull, determined that Sims was denied effective assistance of counsel as guaranteed by the Sixth Amendment...

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