GARTON v. SWENSON

No. 74-1041.

497 F.2d 1137 (1974)

Charles W. GARTON, Appellant, v. Harold R. SWENSON, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 11, 1974.

Rehearing and Rehearing Denied August 21, 1974.


Attorney(s) appearing for the Case

Thomas M. Larson, Asst. Federal Public Defender, Kansas City, Mo., for appellant.

Karen Harper, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Before HEANEY and STEPHENSON, Circuit Judges, and TALBOT SMITH, Senior District Judge.


Rehearing and Rehearing En Banc Denied August 21, 1974.

STEPHENSON, Circuit Judge.

In this state habeas corpus appeal appellant asks this court to depart from its standards for measuring ineffective assistance of counsel. We decline, but remand the case to the district court for an evidentiary hearing.

The underlying facts of this case can be gleaned from its long, reported history. The direct appeal from jury conviction is reported as State v. Garton...

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