CARTER v. BORDENKIRCHER

No. 13642.

226 S.E.2d 711 (1976)

Robert C. CARTER v. Donald BORDENKIRCHER, Warden, West Virginia Penitentiary.

Supreme Court of Appeals of West Virginia.

July 20, 1976.


Attorney(s) appearing for the Case

Marshall & St. Clair, E. G. Marshall, Huntington, for Carter.

Chauncey H. Browning, Jr., Atty. Gen., David P. Cleek, Asst. Atty. Gen., Charleston, for Bordenkircher.


NEELY, Justice:

This appeal from a partial denial of habeas corpus relief in the Circuit Court of Cabell County presents two questions with regard to effective assistance of counsel, the first arising at the trial stage and the second arising upon appeal. While on the facts presented we find no ineffective assistance at the trial stage, we do find ineffective assistance at the appellate stage. Although we find a technical...

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