WORTHAN v. WYRICK

No. 85-2401.

805 F.2d 303 (1986)

Richard Lee WORTHAN, Appellant, v. Donald WYRICK, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 12, 1986.


Attorney(s) appearing for the Case

Sharon F. Daily, St. Louis, Mo., for appellant.

George Cox, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and BOWMAN, Circuit Judge.


LAY, Chief Judge.

This is a habeas corpus case brought by Richard Worthan, a Missouri state prisoner. Worthan claimed that illegally seized evidence and improper "bystander jurors" were used in his trial, that his counsel was ineffective, and that he was subjected to double jeopardy. Initially, the magistrate recommended that the writ be denied in all but one respect; he required an evidentiary hearing on the jury issue to determine whether "cause" existed to excuse...

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