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COOPER v. FITZHARRIS

No. 74-2998.

586 F.2d 1325 (1978)

Troy COOPER, Petitioner-Appellant, v. C. J. FITZHARRIS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

December 1, 1978.

Attorney(s) appearing for the Case

James F. Hewitt, Federal Public Defender (argued), William M. Goodman, Asst. Federal Public Defender, on the brief, San Francisco, Cal., for petitioner-appellant.

Ann Jensen (argued), San Francisco, Cal., for respondent-appellee.

Before BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE, SNEED, KENNEDY, ANDERSON and HUG, Circuit Judges.

BROWNING, Circuit Judge:

Troy Cooper, a state prisoner convicted of burglary, assault, robbery, and rape, filed a petition under 28 U.S.C. § 2254 alleging he had not been afforded effective assistance of counsel at trial. The district court denied the petition and Cooper appealed. The appeal was heard in banc to consider the standard to be applied in determining whether counsel's performance met constitutional requirements, and to decide whether counsel's deficiencies...

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