Kilby v. Jones

MERRITT, Circuit Judge. The threshold issue in this habeas corpus case collaterally attacking a criminal judgment from the state courts of Tennessee is whether the prisoner, Kilby, has exhausted his state judicial remedies as required by Rose v. Lundy, 455 U.S. 509, 71 L. Ed. 2d 379, 102 S. Ct. 1198 (1982), Bowen v. Tennessee, 698 F.2d 241 (6th Cir. 1983), and Sampson v. Love, 782 F.2d 53 (6th Cir. 1986). In a bifurcated habitual criminal trial, the prisoner was convicted by a jury in the criminal court of Loudon county, first of second degree burglary and then of offending Tennessees habitual criminal statutes. He was sentenced to life imprisonment as an habitual criminal.