No. 81-2153.

683 F.2d 1163 (1982)

Richard Dean HOLTAN, Appellant, v. Robert PARRATT, Warden of Nebraska Penal and Correctional Complex, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 16, 1982.

Attorney(s) appearing for the Case

J. William Gallup, Omaha, Neb., for Holtan.

Jack Greenberg, James M. Nabrit, III, Joel Berger, John Charles Boger, Deborah Fins, James S. Liebman, New York City, Robert Weisberg, Stanford Law School, Stanford, Cal., Anthony G. Amsterdam, New York University, School of Law, New York City, for N. A. A. C. P. Legal Defense and Educ. Fund, Inc.

Paul L. Douglas, Atty. Gen., J. Kirk Brown, Asst. Atty. Gen., Lincoln, Neb., for Robert Parratt and State of Neb., its Agencies, and its Officers.

Before HEANEY, BRIGHT and HENLEY, Circuit Judges.

HENLEY, Senior Circuit Judge.

Richard Dean Holtan was convicted by a Nebraska trial court of first degree murder while in the commission of a crime, and of shooting with intent to kill, wound, or maim, and was sentenced to death by electrocution. His petition for a writ of habeas corpus was denied by the United States District Court, and this appeal followed.

Because we agree with the district court that Holtan was denied effective assistance of counsel when...

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