ARTHUR v. BORDENKIRCHER

No. 82-6662.

715 F.2d 118 (1983)

Sherman Paul ARTHUR, Jr., Appellant, v. Donald E. BORDENKIRCHER, Superintendent, West Virginia Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 10, 1983.


Attorney(s) appearing for the Case

Nicholas J. Wallwork, third year law student (Professor Stephen A. Saltzburg, University of Virginia School of Law, Charlottesville, Va., on brief), for appellant.

Silas B. Taylor, Asst. Atty. Gen., Charleston, W.Va. (Chauncey H. Browning, Atty. Gen., Charleston, W.Va., on brief), for appellee.

Before RUSSELL, MURNAGHAN and CHAPMAN, Circuit Judges.


DONALD RUSSELL, Circuit Judge:

This case involves an appeal from a denial of a writ of habeas corpus on the issue of whether appellant/defendant was denied the effective assistance of counsel when his counsel consented to the judge's jury instruction that stated the defendant had been convicted by another jury for the same murder but was being retried because his earlier conviction had been reversed on procedural grounds. Finding that the defendant had been deprived...

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