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CODE v. MONTGOMERY

No. 85-8273.

799 F.2d 1481 (1986)

Joseph CODE, Petitioner-Appellant, v. Charles M. MONTGOMERY, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 22, 1986.

Attorney(s) appearing for the Case

John Dean Marshall, Jr., Atlanta, Ga. (Court-appointed), for petitioner-appellant.

Mary Beth Westmoreland, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before TJOFLAT and KRAVITCH, Circuit Judges, and TUTTLE, Senior Circuit Judge.

CORRECTED OPINION

KRAVITCH, Circuit Judge:

Joseph Code appeals the district court's denial of habeas corpus relief. Because we conclude that Code received ineffective assistance of counsel as defined in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), we reverse and remand.

I. BACKGROUND

In 1976, Code was convicted in state court...

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