UNITED STATES EX REL. AXSELLE v. REDMAN

Civ. A. No. 84-680 MMS.

624 F.Supp. 332 (1985)

UNITED STATES of America ex rel. Jerry Lee AXSELLE, Petitioner, v. Walter W. REDMAN, Warden; the Attorney General of the State of Delaware Charles M. Oberly, III; Eugene Maurer, Esq.; Arlen Mekler, Esq.; Patricia Hannigan, Asst. Pub. Def., Respondents.

United States District Court, D. Delaware.

December 17, 1985.


Attorney(s) appearing for the Case

Jerry Lee Axselle, petitioner, pro se.

Loren C. Meyers, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for respondents Redman, Oberly and Hannigan.

Eugene Maurer, Jr., Arlen Mekler, Wilmington, Del., respondents, pro se.


OPINION

MURRAY M. SCHWARTZ, Chief Judge.

Petitioner Jerry Lee Axselle, a prisoner at the Delaware Correctional Center, has filed a petition for writ of habeas corpus under 28 U.S.C. § 2254 challenging the constitutionality of his conviction on the ground he was denied effective assistance of counsel. For reasons discussed below, the writ will be granted unless the State of Delaware affords petitioner a new trial to commence within sixty days.

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