BROWN v. BUTLER

No. 85-4941.

811 F.2d 938 (1987)

John D. BROWN, Petitioner-Appellant, v. Robert H. BUTLER, Jr., Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 10, 1987.


Attorney(s) appearing for the Case

John D. Brown, pro se.

Ronnie O. McMillin, Asst. Dist. Atty., Vidalia, La., for respondent-appellee.

Before THORNBERRY, DAVIS and HILL, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

Habeas petitioner, John D. Brown, appeals from the denial of his petition without a hearing. We affirm the district court's ruling on all claims except petitioner's claim of ineffective assistance of counsel; we remand that claim for an evidentiary hearing.

I.

On July 2, 1980, John D. Brown was arrested while attempting to cash a counterfeit payroll check at a convenience store in Ferriday, Louisiana, in Concordia...

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