Elmer Lee Wiley v. Dewey Sowders Steven Beshear, Attorney General

The petitioner, Elmer Lee Wiley, appeals the District Court’s denial of his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 by the District Court. This Court, in a recent decision, granted habeas corpus relief to Earl Wiley, brother of the petitioner and his eodefendant at trial, under facts which are nearly identical to this case. Wiley v. Sowders, 647 F.2d 642 (6th Cir. 1981). We find this case to be distinguishable in one important respect, however, and read the Wiley decision narrowly. Unlike the decision in Wiley we decline to grant habe-as corpus relief but remand to the…