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LEIGHTON v. NEIL

Civ. No. 5604.

317 F.Supp. 959 (1970)

Ira LEIGHTON, Petitioner, v. W. S. NEIL, Warden, Tennessee State Penitentiary, Nashville, Tennessee, Respondent.

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

August 10, 1970.

Attorney(s) appearing for the Case

Lloyd Comer, Lawrenceburg, Tenn., for petitioner.

David M. Pack, Atty. Gen. State of Tenn., and Bart Durham, Asst. Atty. Gen., Nashville, Tenn., for respondent.

ORDER

WILLIAM E. MILLER, Circuit Judge (sitting by designation).

In this action petitioner's application for habeas corpus seeking to void a 99-year sentence imposed upon him after a conviction in the state court for first degree murder was heard before the Court on April 14, 1970.

The petition presents the Court with the difficult and anomalous situation in which both the trial judge who presided at petitioner's criminal trial and the special prosecuting...

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