(DOWNLOAD) "Banner V. Davis" by United States Court Of Appeals For The Sixth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Banner V. Davis
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 21, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Respondent-appellant Herman C. Davis, Warden, appeals a judgment of the United States District Court for the Eastern District of Tennessee, granting a writ of habeas corpus to Petitioner-appellant Kelly Gene Banner on the grounds that Banner's convictions for aggravated assault (Tenn.Code § 39-2-101) and shooting a missile calculated to produce bodily harm (Tenn.Code § 39-2-115), accompanied by an enhanced sentence under Tenn.Code § 39-6-1710,*fn1 violate the double jeopardy clause of the fifth amendment. After considering double jeopardy principles, this court's decision in Pryor v. Rose, 724 F.2d 525 (6th Cir. 1984) (en banc), and the scope of the Tennessee enhancement statute, we affirm in part, reverse in part, and remand for issuance of the writ as to Banner's claim that the state of Tennessee improperly enhanced his sentence.