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TURPIN v. KASSULKE

Nos. 93-5529, 93-5663.

26 F.3d 1392 (1994)

Elizabeth TURPIN, Petitioner-Appellee, Cross-Appellant, v. Betty KASSULKE, Warden, Respondent-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 23, 1994.

Rehearing and Suggestion for Rehearing Denied August 24, 1994.

Attorney(s) appearing for the Case

Rodney McDaniel (argued and briefed), Frankfort, KY, for Elizabeth Turpin.

Todd D. Ferguson (argued and briefed), Chris Gorman, Atty. Gen., Frankfort, KY, for Betty Kassulke.

Before: KENNEDY and GUY, Circuit Judges; and FEIKENS, Senior District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied August 24, 1994.

RALPH B. GUY, Jr., Circuit Judge, delivered the opinion of the court, in which KENNEDY, Circuit Judge, joined. FEIKENS, Senior District Judge (pp. 1402-17), delivered a separate opinion concurring in part and dissenting in part.

GUY, RALPH B., Jr., Circuit Judge.

Warden Betty Kassulke appeals the grant to petitioner Elizabeth Turpin ("Turpin") of a writ of habeas corpus. The district...

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