KELLY v. WITHROW

No. 93-1704.

25 F.3d 363 (1994)

Leo KELLY, Jr., Petitioner-Appellant, v. Pamela WITHROW, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 2, 1994.

Rehearing Denied July 8, 1994.


Attorney(s) appearing for the Case

Kenneth M. Mogill (argued and briefed), Mogill, Posner & Cohen, Detroit, MI, Leo E. Kelly, Jr., Alger Maximum Correctional Facility, Munising, MI, for petitioner-appellant,

Kathleen Davison Hunter, Asst. Atty. Gen. (argued and briefed), Office of the Atty. Gen., Habeas Div., Lansing, MI, for respondent-appellee.

Before: GUY and NELSON, Circuit Judges; and LIVELY, Senior Circuit Judge.


LIVELY, Senior Circuit Judge.

This appeal from denial of a petition for a writ of habeas corpus raises three issues: (1) whether the state prosecutor exercised preemptory challenges during voir dire to exclude black potential jurors solely on account of their race; (2) whether the trial court's denial of the petitioner's motion for a change of venue in the face of extensive media coverage of the crime denied the petitioner his right to a trial by an impartial jury...

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