GOMEZ v. McKASKLE

No. 83-1589.

734 F.2d 1107 (1984)

Gilbert GOMEZ, Petitioner-Appellee, v. Dan V. McKASKLE, Acting Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

June 25, 1984.


Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Charles Palmer, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Lucius Bunton, Austin, Tex. (Court-appointed), for petitioner-appellee.

Before BROWN, GEE, and RUBIN, Circuit Judges.


GEE, Circuit Judge:

Gilbert Gomez, formerly a prisoner in state custody, obtained a writ of habeas corpus from the federal district court on the ground of ineffective assistance of counsel. The district court granted the writ on a finding that petitioner was denied the effective assistance of counsel guaranteed by the Sixth Amendment by counsel's failure to call as a trial witness a co-defendant and by counsel's failure to request a jury instruction that the government...

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