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WAYNE v. WYRICK

No. 80-1927.

646 F.2d 1268 (1981)

Larry WAYNE, Appellant, v. Donald W. WYRICK, Warden, Missouri State Penitentiary, and John D. Ashcroft, Attorney General of Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 20, 1981.

Rehearing Denied June 2, 1981.

Attorney(s) appearing for the Case

Mary E. Fiser, Clayton, Mo., for appellant.

John Ashcroft, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, Mo., for appellees.

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

ARNOLD, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the Eastern District of Missouri1 entered on August 21, 1980, denying relief under 28 U.S.C. § 2254. The appeal presents one issue: Whether petitioner's counsel was constitutionally ineffective for failing to perfect a direct appeal of petitioner's conviction after petitioner escaped from custody.

Larry Wayne was convicted of second...

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