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MULLINS v. EVANS

Nos. 79-1966, 79-1967.

622 F.2d 504 (1980)

Robert Henry MULLINS, Petitioner-Appellee and Cross-Appellant, v. Ronald R. EVANS, Superintendent, Colorado State Penitentiary, Respondent-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

June 5, 1980.

Attorney(s) appearing for the Case

Charles F. Willett, Delta, Colo., for petitioner-appellee and cross-appellant.

Robert C. Lehnert, Asst. Atty. Gen., Litigation Section, Denver, Colo. (J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., and Mary J. Mullarkey, Sol. Gen., Denver, Colo., with him on the brief), for respondent-appellant and cross-appellee.

Before SETH, Chief Judge, and McWILLIAMS and BARRETT, Circuit Judges.

McWILLIAMS, Circuit Judge.

Robert H. Mullins, an inmate of the Colorado State Penitentiary serving a life sentence imposed upon a conviction of first degree murder, brought the present action against Donald R. Evans, superintendent of the penitentiary. 28 U.S.C. § 2254. Mullins alleged that he did not receive the effective assistance of counsel at the trial of his case, in violation of the Sixth Amendment. An evidentiary hearing was held, at which time Mullins...

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