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McQUEEN v. SWENSON

No. 76-1163.

537 F.2d 976 (1976)

Roger Lee McQUEEN, Petitioner-Appellee, v. Harold R. SWENSON, Warden, Missouri State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 14, 1976.

Attorney(s) appearing for the Case

Neil MacFarlane, Asst. Atty. Gen., Jefferson City, Mo., for appellant; John C. Danforth, Atty. Gen., Jefferson City, Mo., on brief.

Michael A. Gross, Gross & Goodman, St. Louis, Mo., for appellee.

Before BRIGHT, ROSS and STEPHENSON, Circuit Judges.

ORDER

This appeal is the third time Roger McQueen's petition for habeas relief has been before this court. The first instance was a direct appeal from the district court's dismissal of McQueen's petition, based upon the court's finding that McQueen had been afforded effective assistance of counsel. 498 F.2d 207 (8th Cir. 1974). After a lengthy opinion, this court held that McQueen had demonstrated the failure of his trial counsel...

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