Ira Leighton v. William S. Neil, Warden, Etc.

Sixth Circuit

Ira Leighton v. William S. Neil, Warden, Etc.

443 F.2d 1183, 1971 U.S. App. LEXIS 8829

CourtCourt of Appeals for the Sixth Circuit

DecidedJuly 20, 1971

Docket20933_1

StatusPublished

This text of 443 F.2d 1183 (Ira Leighton v. William S. Neil, Warden, Etc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ira Leighton v. William S. Neil, Warden, Etc., 443 F.2d 1183, 1971 U.S. App. LEXIS 8829 (6th Cir. 1971).

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Opinion

PER CURIAM ORDER.

Appellant is serving a murder sentence imposed in 1943. Subsequently, in 1966, he was granted post-conviction relief in the state court by the judge who presided at his trial. This decision how *1184 ever was reversed and a rehearing was ordered by the Tennessee Supreme Court. Leighton v. Henderson, 220 Tenn. 91, 414 S.W.2d 419 (1969). On rehearing, the petition for a writ of habeas corpus was denied and the judgment affirmed by the Tennessee Court of Criminal Appeals. State' ex rel. Leighton v. Henderson, 448 S.W.2d 82 (1969), cert. denied.

This action was then filed and following an evidentiary hearing the application for a writ of habeas corpus was denied. The opinion by then District Judge Miller, who is now a judge of this Court, clearly relates the background of this case, Leighton v. Neil, 317 F.Supp. 959 (1970) and upon consideration of the briefs and oral arguments and the entire record, it is concluded that the judgment of the District Court should be affirmed for the reasons stated by Judge Miller.

It is so ordered.

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PER CURIAM ORDER.

Appellant is serving a murder sentence imposed in 1943. Subsequently, in 1966, he was granted post-conviction relief in the state court by the judge who presided at his trial. This decision how *1184 ever was reversed and a rehearing was ordered by the Tennessee Supreme Court. Leighton v. Henderson, 220 Tenn. 91, 414 S.W.2d 419 (1969). On rehearing, the petition for a writ of habeas corpus was denied and the judgment affirmed by the Tennessee Court of Criminal Appeals. State' ex rel. Leighton v. Henderson, 448 S.W.2d 82 (1969), cert. denied.

This action was then filed and following an evidentiary hearing the application for a writ of habeas corpus was denied. The opinion by then District Judge Miller, who is now a judge of this Court, clearly relates the background of this case, Leighton v. Neil, 317 F.Supp. 959 (1970) and upon consideration of the briefs and oral arguments and the entire record, it is concluded that the judgment of the District Court should be affirmed for the reasons stated by Judge Miller.

It is so ordered.

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Bluebook (online)

443 F.2d 1183, 1971 U.S. App. LEXIS 8829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ira-leighton-v-william-s-neil-warden-etc-ca6-1971.

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