Legal Opinion

Johnny Lee Kirby v. Michael Dutton, Warden William Leech, Attorney General

Court of Appeals for the Sixth Circuit

Decided July 8, 1986No. 84-5757PublishedCited by 184 opinions

1Opinion of the Court

BOYCE F. MARTIN, Jr., Circuit Judge.

Johnny Lee Kirby appeals the district court’s denial of his petition for habeas corpus. Kirby was convicted in Tennessee state court of two counts of assault with intent to commit murder. The Tennessee Court of Criminal Appeals affirmed Kirby’s conviction and the Tennessee Supreme Court denied leave to appeal. Kirby is now an inmate serving two concurrent sentences of twenty years.

Kirby’s appeal before this Court stems from a state post-conviction proceeding which Kirby filed in an attempt to overturn his conviction. In that collateral proceeding, the state…

2Cases cited8 opinions

  1. Preiser v. RodriguezSupreme Court of the United States · 1973
  2. Johnny Mitchell v. Donald WyrickCourt of Appeals for the Eighth Circuit · 1984
  3. Nathaniel Williams v. State of MissouriCourt of Appeals for the Eighth Circuit · 1981
  4. Lewis H. Dickerson v. Robert Walsh, Superintendent, Etc.Court of Appeals for the First Circuit · 1984
  5. Michael Harvey Vail v. Raymond K. Procunier, Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1984

3 more not listed; retrieve them via the Exa API.

3Cited by184 opinions

  1. Paul W. Greer v. Betty Mitchell, WardenCourt of Appeals for the Sixth Circuit · 2001
  2. Thomas Cress v. Carmen Palmer, Warden, Riverside Correctional FacilityCourt of Appeals for the Sixth Circuit · 2007
  3. Sedley Alley v. Ricky BellCourt of Appeals for the Sixth Circuit · 2002
  4. Joe Mario Trevino, Jr. v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
  5. Bruce L. Franzen v. Brinkman, WardenCourt of Appeals for the Ninth Circuit · 1989

179 more not listed; retrieve them via the Exa API.

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