(Download) "Mcqueen v. Swenson" by United States Court of Appeals for the Eighth Circuit # eBook PDF Kindle ePub Free

March 23, 2021

eBook details

Title: Mcqueen v. Swenson
Author : United States Court of Appeals for the Eighth Circuit
Release Date : January 23, 1977
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 56 KB

Description

STEPHENSON, Circuit Judge. In McQueen v. Swenson, 498 F.2d 207 (8th Cir. 1974) (McQueen I), we held that appellant McQueen, a state prisoner, had been denied the effective assistance of counsel constitutionally required because of the failure of his counsel to make an adequate investigation prior to appellant's trial for murder.1 We remanded for a determination of whether that failure prejudiced appellant's defense to the extent that his conviction must be vacated. The district court, after conducting an evidentiary hearing, ultimately found that ""the ineffective assistance of counsel rendered petitioner, did not prejudice his right to a fair trial,"" and ordered the dismissal of McQueen's application for a writ. We conclude that the district court's finding is clearly erroneous and reverse.

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