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MILLER v. BOMAR

Civ. A. No. 3238.

230 F.Supp. 204 (1963)

William Luther MILLER, Petitioner, v. Lynn BOMAR, Warden, Tennessee State Penitentiary, Nashville, Tennessee, Respondent.

United States District Court M. D. Tennessee, Nashville Division.

Supplemental Order November 15, 1963.

Attorney(s) appearing for the Case

John Kelley, Jr., Nashville, Tenn., for petitioner.

Henry C. Foutch, Asst. Atty. Gen., State of Tennessee, Nashville, Tenn., for respondent.

WILLIAM E. MILLER, Chief Judge.

In this habeas corpus action, the petitioner, William Luther Miller, attacks the legality of his confinement in the Tennessee State Penitentiary under a sentence to life imprisonment as a habitual criminal imposed by the Criminal Court of Knox County, Tennessee. The principal contentions are that the petitioner's constitutional rights to due process and equal protection were infringed (1) by the trial court's denial of his statutory...

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