Leon Alcorn v. Steve Smith, Warden Kentucky State Reformatory

WISEMAN, District Judge.

The facts and prior procedural history of this case are set forth in the Court’s opinion of December 20, 1983. 724 F.2d 37 (6th Cir.1983). Petitioner filed a petition for the Writ of Certiorari, and a Motion to Vacate the prior judgment of this Court, the Supreme Court vacated the judgment and remanded the cause to this Court, - U.S. -, 105 S.Ct. 2315, 85 L.Ed.2d 835, for further proceedings in light of the assertions set forth in the petitioner’s Motion to Vacate, and the response filed thereto.

This Court had vacated the judgment of the district court sua sponte…