McQUEEN v. SWENSON

No. 76-1926.

560 F.2d 959 (1977)

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

United States Court of Appeals, Eighth Circuit.

Decided August 23, 1977.

Rehearing Denied September 26, 1977.


Attorney(s) appearing for the Case

Michael A. Gross, Clayton, Mo., argued and on brief for appellant.

Neil MacFarlane, Asst. Atty. Gen. (argued), and John D. Ashcroft, Atty. Gen., Jefferson City, Mo., on brief, for appellee.

Before BRIGHT, STEPHENSON and HENLEY, Circuit Judges.


STEPHENSON, Circuit Judge.

In McQueen v. Swenson, 498 F.2d 207 (8th Cir. 1974) (McQueen I), we held that appellant McQueen, a state prisoner, had been denied the effective assistance of counsel constitutionally required because of the failure of his counsel to make an adequate investigation prior to appellant's trial for murder.1 We remanded for a determination

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