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HARKINS v. WYRICK

No. 76-1324.

552 F.2d 1308 (1977)

Gary Wayne HARKINS, Appellant, v. Donald WYRICK, Warden, Missouri State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 14, 1977.

Attorney(s) appearing for the Case

Daniel J. McMichael, Clayton, Mo., for appellant.

William F. Arnet, Asst. Atty. Gen., Jefferson City, Mo., for appellee; John C. Danforth, Atty. Gen., Jefferson City, Mo., on brief.

Before BRIGHT and WEBSTER, Circuit Judges, and TALBOT SMITH, Senior District Judge.

WEBSTER, Circuit Judge.

This state habeas corpus appeal arises from Gary Wayne Harkins' claim that he was mentally incompetent on March 28, 1969, when he pleaded guilty to bank robbery charges in a Missouri state court. Harkins claims that the state court erred in failing to conduct a hearing on the issue of competency prior to accepting his plea. Alternatively, he contends that his counsel was ineffective in failing to bring his alleged incompetency to the trial...

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