Legal Opinion
Frank Kirby v. Michael Dutton, Warden and Michael Cody, Attorney General, Respondents
Court of Appeals for the Sixth Circuit
Decided October 28, 1987No. 86-6276PublishedCited by 4 opinions
1Opinion of the Court
KEITH, Circuit Judge.
Petitioner Frank Kirby appeals from the district court’s denial of a writ of habeas corpus arising from his 1974 murder conviction in Tennessee. For the reasons set forth below, we AFFIRM the district court’s denial of the writ.
I
On January 17, 1974, petitioner was convicted in the Criminal Court of White County, Tennessee, of murder and was subsequently sentenced to the state penitentiary. On the same day, petitioner’s brother, Noel Kirby (“Noel”) was convicted by the same jury of being an accessory to first degree murder. Both convictions were appealed to the Court of…
2Cases cited9 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Cuyler v. SullivanSupreme Court of the United States · 1980
- Raymond Walker, Cross-Appellant v. Ted Engle, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1983
- Wilbert Herring v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1974
- United States v. Maneer LeonCourt of Appeals for the Sixth Circuit · 1976
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3Cited by4 opinions
- McNeal v. United StatesCourt of Appeals for the Sixth Circuit · 2001
- Cobble v. SmithCourt of Appeals for the Sixth Circuit · 2005
- United States v. SalcidoCourt of Appeals for the Sixth Circuit · 2002
- United States v. Nicholas CrowderCourt of Appeals for the Sixth Circuit · 1995