BURNS v. GAMMON

No. 00-2903.

260 F.3d 892 (2001)

John C. BURNS, Appellant, v. James Anthony GAMMON, Jeremiah (Jay) Nixon, Attorney General, Missouri, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 14, 2001.


Attorney(s) appearing for the Case

John W. Simon, argued, Jefferson City, MO, for appellant.

Frank A. Jung, argued, Jefferson City, MO (Jeremiah W. (Jay) Nixon, on the brief), for appellee.

Before BYE, and BEAM, Circuit Judges, and MELLOY, District Judge.


BEAM, Circuit Judge.

Missouri prisoner John Burns appeals the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Because we find Burns can show cause and prejudice sufficient to raise the procedural bar to one of his ineffective assistance of trial counsel claims, and because we find such claim to be meritorious, we reverse in part and direct that a writ of habeas corpus be issued, subject to conditions outlined later in this...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases