Kenneth B. Simmons v. Lynn Bomar, Warden, Tennessee State Penitentiary

Petitioner-appellant is serving a sentence in the Tennessee State Penitentiary under a conviction for six separate offenses of burglary in the third degree. This appeal is from the judgment of the district court denying his application for writ of habeas corpus.

The facts are set forth in detail in the opinion of the Supreme Court of Ten nessee, Simmons v. State of Tennessee, 210 Tenn. 443, 360 S.W.2d 10, and in the two opinions of District Judge William E. Miller, reported at 224 F.Supp. 633 and 230 F.Supp. 226.

The death of Lynn Bomar since the initiation of these proceedings has resulted in…