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GRAHAM v. HUTTO

No. 77-1139.

557 F.2d 164 (1977)

Daniel Lon GRAHAM, Appellant, v. Terrell Don HUTTO, Commissioner, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 23, 1977.

Attorney(s) appearing for the Case

Robert F. Fussell, Little Rock, Ark., for appellant.

Jackson M. Jones, Asst. Atty. Gen., Little Rock, Ark., for appellee; Bill Clinton, Atty. Gen., Little Rock, Ark., on brief.

Before LAY and ROSS, Circuit Judges, and MILLER, Judge.

PER CURIAM.

Petitioner was tried and convicted of kidnapping and sentenced to life imprisonment by an Arkansas state court. He sought a writ of habeas corpus in federal district court alleging, inter alia, that he was denied due process because his court appointed attorney failed to file a notice of appeal with the Arkansas Supreme Court. It appears from the record that the transcript of petitioner's trial has now been lost. After a plenary evidentiary hearing, the...

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