FUTCH v. DUGGER

No. 87-6032.

874 F.2d 1483 (1989)

Johnny Lee FUTCH, Petitioner-Appellant, v. Richard L. DUGGER, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 8, 1989.


Attorney(s) appearing for the Case

Thomas Almon, Miami, Fla., for petitioner-appellant.

Fariba Nora Komeily, Asst. Atty. Gen., Miami, Fla., for respondent-appellee.

Before TJOFLAT and JOHNSON, Circuit Judges, and BROWN, Senior Circuit Judge.


JOHNSON, Circuit Judge:

This case arises on appeal from the denial of a petition for habeas corpus brought under 28 U.S.C.A. § 2254 by a Florida state prison inmate convicted of second-degree murder and unlawful possession of a firearm while engaged in a criminal offense. We reverse and remand for an evidentiary hearing on the issue of ineffective assistance of trial counsel, and affirm the district court on all other issues raised in this petition.

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