HANNON v. MASCHNER

No. 86-2117.

845 F.2d 1553 (1988)

LaVille HANNON, Petitioner-Appellant, v. Herb MASCHNER and Attorney General of the State of Kansas, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

As Amended June 14, 1988.


Attorney(s) appearing for the Case

David R. Gilman (James F. Vano, on the brief), Overland Park, Kan., for petitioner-appellant.

Gregory G. Hough, Asst. Atty. Gen. (Gerald R. Kuckelman, Asst. Atty. Gen., with him, on the brief), Kansas Judicial Center, Topeka, Kan., for respondents-appellees.

Before SEYMOUR, McWILLIAMS, and MOORE, Circuit Judges.


SEYMOUR, Circuit Judge.

Laville Hannon filed a habeas corpus petition alleging ineffective assistance of appellate counsel in his state court criminal proceedings. The district court dismissed the petition for unexcused delay under Rule 9(a), 28 U.S.C. foll. § 2254 (1982), and on the merits. We reverse and remand.

I.

In 1959, Hannon was a seventeen-year-old black youth who had been hospitalized on at least one occasion because of a mental disorder...

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