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POWELL v. BORDENKIRCHER

No. 85-5689.

789 F.2d 425 (1986)

Roy POWELL, Petitioner-Appellant, v. Donald E. BORDENKIRCHER, Superintendent, Kentucky State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 29, 1986.

Rehearing Denied May 27, 1986.

Attorney(s) appearing for the Case

J. Vincent Aprile, II, argued, Asst. Public Advocate Dept. of Public Advocacy, Frankfort, for petitioner-appellant.

Virgil W. Webb, III, argued, John S. Gillig, Asst. Atty. Gen., Frankfort, for respondent-appellee.

Before JONES and NELSON, Circuit Judges; and EDWARDS, Senior Circuit Judge.

GEORGE CLIFTON EDWARDS, Jr., Senior Circuit Judge.

Powell in this appeal from denial of his petition for writ of habeas corpus contends that he was denied effective assistance of counsel. His argument is that when he was unable to hire counsel for his criminal defense, the court appointed as his attorney the city attorney for Carlisle, Kentucky, the city in which the trial took place.

Hopkins, the lawyer appointed for Powell's defense, as city attorney for...

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