GRAY v. LYNN

No. 92-4502.

6 F.3d 265 (1993)

Dewey Spencer GRAY, Petitioner-Appellant, v. Bruce LYNN, Secretary, Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 20, 1993.


Attorney(s) appearing for the Case

Milton Dale Peacock, Monroe, LA, (court appointed), for petitioner-appellant.

Terry A. Doughty, Asst. Dist. Atty., William Robert Coenen, Jr., and Penny Wise Douciere, Rayville, LA, for respondent-appellee.

Before KING and BARKSDALE, Circuit Judges, and DUPLANTIER, District Judge.


BARKSDALE, Circuit Judge:

Dewey Spencer Gray's appeal from the denial of habeas relief turns on whether his counsel's failure to object to a jury instruction, conceded by the State to be erroneous as to an element of the charged offense (attempted murder), constituted ineffective assistance of counsel. Concluding that it was, we REVERSE the denial of the application.

I.

On the evening of January 27, 1979,...

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