NEALY v. CABANA

No. 85-4304.

782 F.2d 1362 (1986)

Leo Gregory NEALY, Petitioner-Appellee, v. Donald A. CABANA, Superintendent, State of Mississippi Department of Corrections, et al., Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

February 24, 1986.


Attorney(s) appearing for the Case

Edwin Lloyd Pittman, Atty. Gen., Donald G. Barlow, Asst. Atty. Gen., Jackson, Miss., for respondents-appellants.

Timothy Holeman, court appointed, Gulfport, Miss., for petitioner-appellee.

Before THORNBERRY, ALVIN B. RUBIN and E. GRADY JOLLY, Circuit Judges.


OPINION

ALVIN B. RUBIN, Circuit Judge:

Retained counsel who represented Leo Nealy, a defendant accused of a state crime, also represented the defendant's brother, Michael Nealy, who was to be tried separately for the same crime. Although the testimony of Michael Nealy might have assisted the defendant, counsel refused to call Michael as a witness, at least in part because his testimony at Leo's trial would have...

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