(DOWNLOAD) "United States v. Tennessee" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Tennessee
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 31, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
BEFORE: ENGEL, KEITH and MERRITT, Circuit Judges Order This matter is before the Court upon petitioner's motion for the appointment of counsel to aid him in his appeal of the district court judgment denying him the writ of habeas corpus. Petitioner was convicted, by jury, on January 2, 1977 of possession of certain controlled substances with intent to sell pursuant to Tennessee Code Annotated § 52-1401, et seq. Petitioner appealed his conviction to the Tennessee Court of Criminal Appeals. The trial court revoked petitioner's bond pending appeal pursuant to Sections 40-1213 and 40-3406 of the Code (T.C.A.). Section 40-3406 specifically provides that a defendant convicted of a violation of T.C.A. 52-1432(a)(1) (Drug Control Statute) ""shall not be entitled to bail pending appeal."" Petitioner asserts that the application of this prohibition to him amounts to an unconstitutional ex post facto law because at the time of his conviction in 1977, two of the drug offenses with which he was convicted were bailable. Section 40-3406 was amended in 1978 to prohibit bail for conviction of any drug offense listed in Section 52-1432(a)(1).
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