ATKINS v. PEOPLE OF STATE OF MICH.

No. 80-1341.

644 F.2d 543 (1981)

Aaron Clinton ATKINS, Petitioner-Appellee, v. PEOPLE OF the STATE OF MICHIGAN (William L. Cahalan, Wayne County Prosecuting Attorney and William Lucas, Wayne County Sheriff), Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 2, 1981.


Attorney(s) appearing for the Case

William L. Cahalan, Pros. Atty., Anne B. Wetherholt, Asst. Pros. Atty., Detroit, Mich., Frank J. Kelley, Atty. Gen., Lansing, Mich., for respondent-appellant.

Edward F. Bell, Bell & Hudson, Detroit, Mich., for petitioner-appellee.

Before MERRITT and BROWN, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


MERRITT, Circuit Judge.

The state of Michigan appeals the District Court's grant of Atkins' petition for a writ of habeas corpus dismissing his state-court murder indictment on grounds that the state violated his sixth amendment right to a speedy trial and violated the fourteenth amendment in denying him bail. In January 1979 Atkins was arrested on the charge of first degree murder. He was released on bond by a judge of the Recorders Court in Detroit but later was...

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