Legal Opinion

Turner v. State of Tenn.

District Court, M.D. Tennessee

Decided June 12, 1987No. 3-87-0152PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM

WISEMAN, Chief Judge.

Petitioner James Howard Turner, awaiting retrial in a state criminal court on charges of murder and kidnapping, seeks issuance of the writ of habeas corpus pursuant to 28 U.S.C. §§ 2241(c)(3) and 2254(a). Petitioner asserts that his impending retrial will deprive him of his Sixth Amendment right to the effective assistance of counsel and his Fourteenth Amendment right to due process of law free of vindictive prosecution. For the reasons and pursuant to the conditions stated below, the Court concludes that the writ should issue.

I. Factual Background, 1

Petitioner…

2Cases cited61 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Boykin v. AlabamaSupreme Court of the United States · 1969
  3. Hill v. LockhartSupreme Court of the United States · 1985
  4. Glasser v. United StatesSupreme Court of the United States · 1942
  5. Gideon v. WainwrightSupreme Court of the United States · 1963

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

3Cited by19 opinions

  1. State v. TurnerCourt of Criminal Appeals of Tennessee · 1995
  2. Harris v. StateTennessee Supreme Court · 1994
  3. In Re AlvernazCalifornia Supreme Court · 1992
  4. James Howard Turner v. State of TennesseeCourt of Appeals for the Sixth Circuit · 1988
  5. State v. DonaldCourt of Appeals of Arizona · 2000

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

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