SOBELOFF, Senior Circuit Judge:
In 1954 appellant Hersel A. Willey was convicted in the Criminal Court of Mercer County, West Virginia, of first degree murder and was sentenced to life imprisonment. After adequately exhausting state remedies, he sought a writ of habeas corpus in District Court. In his petition for the writ, Willey alleged that he was denied effective assistance of counsel in that his retained trial counsel:
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