SMITH v. GEARINGER

No. 88-8303.

888 F.2d 1334 (1989)

Johnny H. SMITH, Petitioner-Appellant, v. Ross T. GEARINGER, Warden, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 22, 1989.


Attorney(s) appearing for the Case

G. Bertrand Hester, Atlanta, Ga., for petitioner-appellant.

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

Before KRAVITCH, Circuit Judge, HILL, Senior Circuit Judge, and FREEMAN, District Judge.


KRAVITCH, Circuit Judge:

The petitioner, Johnny H. Smith, convicted of murder and sentenced to life imprisonment, appeals from the district court's denial of his petition for habeas corpus relief, alleging that the court erred in failing to hold an evidentiary hearing on his ineffective assistance of counsel claim. Smith claims that he was denied effective assistance of counsel when his trial counsel failed to challenge two jurors for cause, despite Smith's protestations...

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