WILLIAMS v. WHITLEY

No. 89-3911.

940 F.2d 132 (1991)

Michael A. WILLIAMS, Petitioner-Appellant, v. John P. WHITLEY, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 30, 1991.


Attorney(s) appearing for the Case

Jeffrey S. Williams, Henry D. Gabriel, Loyola University School of Law, New Orleans, La. (court appointed), for petitioner-appellant.

Jack Peebles, Pamela S. Moran, New Orleans, La., for respondent-appellee.

Before POLITZ, JOHNSON, and GARWOOD, Circuit Judges.


POLITZ, Circuit Judge:

Michael A. Williams appeals the denial of habeas relief, 28 U.S.C. § 2254, particularly from the denial of a motion for an evidentiary hearing. Concluding that Williams was entitled to an evidentiary hearing to develop the facts relevant to an unproduced police report, including the knowledge of his trial counsel about the contents thereof, we vacate and remand for an evidentiary hearing and such other proceedings as may be deemed appropriate...

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