MYLAR v. STATE OF ALA.

No. 81-7412.

671 F.2d 1299 (1982)

Danny Ray MYLAR, a/k/a Danny Ray Miles, Plaintiff-Appellant, v. STATE of ALABAMA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 1, 1982.


Attorney(s) appearing for the Case

Linda B. Friedman (court-appointed), Birmingham, Ala., for plaintiff-appellant.

Joseph G. L. Marston, III, Asst. Atty. Gen., Montgomery, Ala., for defendant-appellee.

Before MORGAN, JOHNSON and HENDERSON, Circuit Judges.


JOHNSON, Circuit Judge:

We are again called upon to determine whether a criminal defendant received effective assistance from his attorney. Concluding that counsel's failure to file a brief with the direct appeal in state court amounted to ineffective assistance in contravention of the Sixth Amendment, we reverse and remand with instructions.

Appellant Danny Ray Mylar was convicted of first degree murder and sentenced to life imprisonment. The facts surrounding...

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