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BARNES v. ELO

No. 99-1784.

231 F.3d 1025 (2000)

Stewart BARNES, Petitioner-Appellant, v. Frank ELO, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 9, 2000.

Attorney(s) appearing for the Case

Kenneth P. Tableman (argued and briefed), Lansing, Michigan, Stewart Barnes, Jackson, Michigan, for Petitioner-Appellant.

Vincent J. Leone (argued and briefed), Assistant Attorney General, Habeas Corpus Division, Lansing, Michigan, for Respondent-Appellee.

Before: MARTIN, Chief Judge; NORRIS, Circuit Judge; FORESTER, District Judge.

OPINION

BOYCE F. MARTIN, JR., Chief Judge.

Stewart Barnes, a state prisoner, appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on the grounds that he received ineffective assistance of counsel in violation of the Sixth Amendment. For the following reasons, we vacate the ruling of the district court and remand for a hearing on the competence of Barnes's trial counsel.

I.

Barnes...

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