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LUCHENBURG v. SMITH

No. 95-6136.

79 F.3d 388 (1996)

Chris Anthony LUCHENBURG, Petitioner-Appellee, v. Sewell B. SMITH, Warden, Maryland Correctional Institution; Attorney General of the State of Maryland, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 28, 1996.

Attorney(s) appearing for the Case

ARGUED: Tarra R. DeShields-Minnis, Assistant Attorney General, Criminal Appeals Division, Office of the Attorney General, Baltimore, Maryland, for Appellants. Steven Frederick Reich, Assistant Federal Public Defender, Greenbelt, Maryland, for Appellee. ON BRIEF: J. Joseph Curran, Jr., Attorney General of Maryland, Criminal Appeals Division, Office of the Attorney General, Baltimore, Maryland, for Appellants. James K. Bredar, Federal Public Defender, Sigmund R. Adams, Staff Attorney, Greenbelt, Maryland, for Appellee.

Before RUSSELL, Circuit Judge, CHAPMAN, Senior Circuit Judge, and BEATY, United States District Judge for the Middle District of North Carolina, sitting by designation.

Affirmed by published per curiam opinion.

OPINION

PER CURIAM:

The Maryland Attorney General appeals the district court's order adopting the magistrate judge's report and recommendation to grant Chris Anthony Luchenburg's petition for a writ of habeas corpus under 28 U.S.C. § 2254 (1988). Because Luchenburg was denied effective assistance of trial counsel, we affirm.

I.

In 1985, Chris Anthony Luchenburg was tried in the Maryland...

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