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EDENS v. HANNIGAN

No. 94-3352.

87 F.3d 1109 (1996)

James M. EDENS, Petitioner-Appellant, v. Robert D. HANNIGAN and Attorney General of Kansas, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

June 20, 1996.

Attorney(s) appearing for the Case

David J. Gottlieb, University of Kansas School of Law, Kansas Defender Project, Lawrence, Kansas, for Petitioner-Appellant.

Jon P. Fleenor, Assistant Attorney General, Office of the Attorney General, Topeka, Kansas, for Respondents-Appellees.

Before EBEL and LOGAN, Circuit Judges, and HOLMES, District Judge.

EBEL, Circuit Judge.

In October of 1979, a jury convicted James M. Edens of felony murder, aggravated robbery, conspiracy, and aiding a felon. After exhausting his state remedies, Edens filed a petition for writ of habeas corpus in the United States District Court for the District of Kansas pursuant to 28 U.S.C. § 2254, claiming that he was denied his Sixth Amendment right to counsel. Edens' counsel also represented a co-defendant. Although

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