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NICKEL v. HANNIGAN

No. 94-3417.

97 F.3d 403 (1996)

Willie W. NICKEL, Plaintiff-Appellant, v. Robert D. HANNIGAN, Warden, Hutchinson Correctional Facility, and Attorney General of Kansas, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 30, 1996.

Attorney(s) appearing for the Case

Barbara K. Huff (David J. Gottlieb with her on the brief), Kansas Defender Project, University of Kansas School of Law, Lawrence, KS, for Plaintiff-Appellant.

Kevin Fletcher, Assistant Attorney General (Carla J. Stovall, Attorney General, Kyle G. Smith and Melanie S. Pfeifer, Assistant Attorneys General with him on the brief), Topeka, KS, for Defendants-Appellees.

Before EBEL, HENRY, and McKAY, Circuit Judges.

HENRY, Circuit Judge.

In this appeal, Willie W. Nickel claims that the district court erred in dismissing his petition for a writ of habeas corpus under 28 U.S.C. § 2254 because his trial counsel, William Mize, provided him with ineffective assistance of counsel under the Sixth Amendment of the United States Constitution. Mr. Nickel claims that Mr. Mize was ineffective because he failed to object both to trial testimony...

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