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UNITED STATES v. LAWRIW

No. 77-1409.

568 F.2d 98 (1977)

UNITED STATES of America, Appellee, v. Anna Erna LAWRIW, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 30, 1977.

Attorney(s) appearing for the Case

Marc G. Kurzman, St. Paul, Minn., argued and on brief, for appellant.

John M. Lee, Asst. U. S. Atty. (argued), and Andrew W. Danielson, U. S. Atty., Minneapolis, Minn., on brief, for appellee.

Before GIBSON, Chief Judge, HEANEY and WEBSTER, Circuit Judges.

WEBSTER, Circuit Judge.

Once again we are called upon to review a post-conviction claim that a defendant in a criminal trial, jointly represented with a codefendant by a single attorney, was denied effective assistance of counsel. Consistent with our earlier decisions in which we have identified the pitfalls of this practice, we announce today an affirmative duty of inquiry by the district court. Such an inquiry was conducted by the District Court

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