HINSLEY v. ROSE

No. 82-5459.

705 F.2d 863 (1983)

Ernest Lee HINSLEY, Petitioner-Appellant, v. Jim ROSE, Warden, et al., Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 28, 1983.


Attorney(s) appearing for the Case

James R. Omer, Nashville, Tenn. (court-appointed), for petitioner-appellant.

William M. Leech, Jr., Atty. Gen. of Tenn., Kimberly Hattaway, Asst. Atty. Gen., Nashville, Tenn., for respondents-appellees.

Before MERRITT, KENNEDY and WELLFORD, Circuit Judges.


WELLFORD, Circuit Judge.

Appellant in this cause appeals the district court's dismissal of his petition for habeas corpus. He challenges the constitutionality of Tenn.Code Ann. § 52-1432(d) (Supp.1982), Tennessee's Habitual Drug Offender statute.

Following enactment of that statute, appellant was indicted by a Tennessee grand jury for the offense of being an habitual drug offender. He moved to dismiss the indictment...

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