(DOWNLOAD) "Lundy v. Rose" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Lundy v. Rose
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 27, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
Order Before: CELEBREZZE, ENGEL and MARTIN, Circuit Judges The respondent appeals from a judgment of the district court granting a writ of habeas corpus discharging Noah Harrison Lundy from custody unless he is retried within ninety days on state charges of rape and crime against nature. While Lundy's petition stated four grounds for relief, the district judge ruled only on the first two: (1) that Lundy's attorney was prejudicially limited in his corss-examination of the prosecutrix in violation of the petitioner's right of confrontation; and (2) that the prosecuting attorney had violated Lundy's right to due process under the Fourteenth Amendment by improper argument and comment in the presence of the jury. The district judge held that Lundy had not exhausted his state remedies on the remaining claims that the prosecutor had impermissibly commented upon the defendant's failure to testify and that the trial court improperly instructed the jury.