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WALKER v. SOLEM

No. 80-1806.

648 F.2d 1188 (1981)

Junior Clay WALKER, Appellant, v. Herman S. SOLEM and Mark Meierhenry, Attorney General of the State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 19, 1981.

Attorney(s) appearing for the Case

Burns, Hagen & Wilka, Thomas K. Wilka, argued, Sioux Falls, S. D., for appellant.

LeAnn Larson-Finke, Asst. Atty. Gen., argued, Mark V. Meierhenry, Atty. Gen., State of South Dakota, Pierre, S. D., for appellees.

Before LAY, Chief Judge, and STEPHENSON and ARNOLD, Circuit Judges.

STEPHENSON, Circuit Judge.

Petitioner, Junior Clay Walker, appeals from the denial by the district court,1 without an evidentiary hearing, of his petition for habeas corpus brought pursuant to 28 U.S.C. § 2254. Walker has alleged that ineffective assistance of counsel deprived him of a fair trial. We remand to the district court for an evidentiary hearing.

I. BACKGROUND

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