MARTIN v. ROSE

No. 83-5378.

744 F.2d 1245 (1984)

Marvin MARTIN, Petitioner-Appellant, v. James H. ROSE; William Leech, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 4, 1984.


Attorney(s) appearing for the Case

Robert Tucker (argued), William Farmer, Federal Public Defender, Nashville, Tenn., for petitioner-appellant.

William M. Leech, Jr., Atty. Gen. of Tennessee, Jerry L. Smith, John F. Southworth, Jr., Asst. Attys. Gen. (argued), Nashville, Tenn., for respondents-appellees.

Before ENGEL and KENNEDY, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.


CORNELIA G. KENNEDY, Circuit Judge.

Marvin Martin appeals from the District Court's denial of a writ of habeas corpus. We find that Martin was deprived of his right to effective assistance of counsel, and hold that he must be given a new trial.

The petitioner, Marvin "Cotton" Martin, was convicted of two counts of criminal sexual conduct in the first degree, two counts of incest, one count of sodomy, and two counts...

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