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HOLLIN v. SOWDERS

No. 81-5909.

710 F.2d 264 (1983)

Mahan HOLLIN, Petitioner-Appellee, v. Dewey SOWDERS, Superintendent, Kentucky State Reformatory, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 24, 1983.

Rehearing Denied September 9, 1983.

Attorney(s) appearing for the Case

Steven L. Beshear, Atty. Gen. of Ky., John H. Gray (argued), J. Gerald Henry, Asst. Attys. Gen., Frankfort, Ky., for respondent-appellant.

R. Michael Murphy (argued), Asst. Federal Public Defender, Lexington, Ky., for petitioner-appellee.

Before ENGEL and MERRITT, Circuit Judges, and BROWN, Senior District Judge.

Rehearing En Banc Denied September 9, 1983.

PER CURIAM.

In this habeas corpus case collaterally attacking a 1971 Kentucky murder conviction, the District Court issued the writ on grounds that the negligence of petitioner's retained counsel in failing to perfect a direct appeal from the conviction constituted ineffective assistance of counsel in violation of the Sixth Amendment as incorporated in the Due Process Clause of the Fourteenth Amendment. We reverse...

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