Legal Opinion
Herbert Clay v. Harold Black, Warden, Kentucky State Reformatory
Court of Appeals for the Sixth Circuit
Decided June 1, 1973No. 72-2055PublishedCited by 3 opinions
1Per curiam
The habeas corpus petition of Herbert Clay is before this court for a second time. The facts are detailed in our prior opinion. 455 F.2d 667 (1972). After the evidentiary hearing ordered by this court, the District Court denied the application for the writ. This denial is appealed. We reverse.
Petitioner was convicted in a State court of Kentucky of wilful murder and sentenced to life imprisonment. The alleged murder took place outside a Harlan County tavern. Soon after the shooting, the petitioner turned himself in to local authorities, stating that he had been involved in a shooting. He did…
2Cases cited5 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Giles v. MarylandSupreme Court of the United States · 1967
- William B. Barbee v. Warden, Maryland PenitentiaryCourt of Appeals for the Fourth Circuit · 1964
- United States of America Ex Rel. Thomas Meers, Relator-Appellee v. Walter H. Wilkins, Warden of Attica State Prison, Attica, New YorkCourt of Appeals for the Second Circuit · 1964
- Herbert Clay v. Harold Black, Warden, Kentucky State ReformatoryCourt of Appeals for the Sixth Circuit · 1972
3Cited by3 opinions
- John Patler v. A. E. Slayton, Jr., Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1974
- State v. WilderCourt of Appeals of Arizona · 1975
- United States of America Ex Rel. George Foye v. J. E. Lavalle, Superintendent of Clinton Correctional FacilityCourt of Appeals for the Second Circuit · 1974