James Howard Turner v. State of Tennessee

BOYCE F. MARTIN, Jr., Circuit Judge.

The State of Tennessee appeals the district court’s conditional grant of a writ of habeas corpus. James Howard Turner, who was awaiting retrial in a Tennessee criminal court, petitioned the district court for habeas corpus relief on the grounds that his impending retrial would violate his Sixth Amendment right to the effective assistance of counsel and his Fourteenth Amendment right to due process of law free of vindictive prosecution. The district court conditionally granted the writ, and we now affirm.

I

Turner and two co-defendants, Earl Carroll and Sam…