BARNETT v. HARGETT

No. 98-6244.

174 F.3d 1128 (1999)

Luther K. BARNETT, Jr., Petitioner-Appellee, v. Steve HARGETT, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

April 16, 1999.


Attorney(s) appearing for the Case

Luther K. Barnett, Jr, pro se.

W.A. Drew Edmondson, Attorney General, and Nathan L. Dills, Assistant Attorney General, Oklahoma City, Oklahoma for Respondent-Appellant.

Before ANDERSON, KELLY, and LUCERO, Circuit Judges.


PAUL KELLY, Jr., Circuit Judge.

Respondent appeals from the district court's grant of a conditional writ of habeas corpus, 28 U.S.C. § 2254. The district court determined that Petitioner had raised a procedural and substantive competency claim in his federal petition, that appellate counsel was ineffective for not pursuing such claims when Petitioner's direct appeal had been remanded to the state district court, and that the record before the state district court...

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