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CREMEANS v. CHAPLEAU

No. 94-5609.

62 F.3d 167 (1995)

Richard Harrison CREMEANS, Petitioner-Appellee, v. Walt CHAPLEAU, Warden, and Commonwealth of Kentucky, Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided August 14, 1995.

Attorney(s) appearing for the Case

Richard Harrison Cremeans, LaGrange, KY, pro se.

C. William Swinford, Jr. (briefed), Lexington, KY, for petitioner-appellee.

Laura Early (briefed), Office of Atty. Gen., Frankfort, KY, for respondents-appellants.

Before: ENGEL, NELSON, and SUHRHEINRICH, Circuit Judges.

SUHRHEINRICH, Circuit Judge.

Appellee Richard Cremeans was granted federal habeas corpus relief in April 1994. The district court granted relief on the ground that the length of delay from the time Cremeans pleaded guilty in October 1977 to the time an evidentiary hearing was held on the issue of Cremeans' competency at the time he pleaded guilty denied Cremeans due process of law. For the reasons that follow, we REVERSE.

I.

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