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BERRY v. MINTZES

No. 82-1150.

726 F.2d 1142 (1984)

Thomas BERRY, Jr., Petitioner-Appellant, v. Barry MINTZES, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 2, 1984.

Attorney(s) appearing for the Case

David M. Lawson (argued), Southfield, Mich., for petitioner-appellant.

Andrea L. Solak, Asst. Pros. Atty., A. George Best (argued), Asst. Pros. Atty., Detroit, Mich., for respondent-appellee.

Before WEICK, CELEBREZZE and PECK, Senior Circuit Judges.

JOHN W. PECK, Senior Circuit Judge.

On May 18, 1964, Thomas Berry, Jr., with the advice of court-appointed counsel, waived his right to a trial by jury and entered a plea of guilty to the open charge of murder in the Recorder's Court of the city of Detroit, Michigan.1 At the close of the hearing held to determine the degree of the offense, the trial judge found Berry guilty of first degree murder...

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