MARZULLO v. STATE OF MD.

No. 76-1946.

561 F.2d 540 (1977)

Victor Dennis MARZULLO, Appellant, v. STATE OF MARYLAND, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 2, 1977.


Attorney(s) appearing for the Case

Samuel H. Carter, Third Year Law Student (Randall M. Chastain, Columbia, S. C., U. S. C. Law Center on brief), for appellant.

Bruce C. Spizler, Asst. Atty. Gen., Baltimore, Md. (Francis B. Burch, Atty. Gen., and Clarence W. Sharp, Asst. Atty. Gen., Chief, Crim. Div., Baltimore, Md., on brief), for appellee.

Before WINTER and BUTZNER, Circuit Judges, and FIELD, Senior Circuit Judge.


BUTZNER, Circuit Judge:

Victor D. Marzullo's appeal from the denial of his application for a writ of habeas corpus raises this question: What is the appropriate standard for determining when criminal defendants have been denied their constitutional right to the effective assistance of counsel? We conclude that the standard applied by the district court is no longer acceptable, and that properly tested, the representation Marzullo received was ineffective.

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