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BARKELL v. CROUSE

No. 05-8045.

468 F.3d 684 (2006)

Gerald P. BARKELL, Petitioner-Appellant, v. Brent CROUSE, Warden, Crowley County Correctional Facility; R.O. Lampert, Director, Wyoming Department of Corrections; Patrick Crank, Wyoming Attorney General, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

November 7, 2006.

Attorney(s) appearing for the Case

Christopher Humphrey, Student Intern, (Diane E. Courselle, Director, on the brief), Defender Aid Program, University of Wyoming, College of Law, Laramie, Wyoming, for Petitioner-Appellant.

David L. Delicath, Senior Assistant Attorney General, (Patrick J. Crank, Wyoming Attorney General, on the brief), Cheyenne, WY, for Respondents-Appellees.

Before HARTZ, HOLLOWAY, and O'BRIEN, Circuit Judges.

HARTZ, Circuit Judge.

Gerald Barkell was convicted by a jury in Wyoming state court on two counts of third-degree sexual assault. After initiating an appeal of his conviction, he sought a remand to the trial court for an evidentiary hearing regarding a claim of ineffective assistance of counsel. The Wyoming Supreme Court denied the request. Continuing his appeal without the benefit of an evidentiary hearing, Mr. Barkell contended...

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