United States Eighth Circuit

Denial of habeas relief from convictions for first degree murder, first degree assault, and armed criminal action, is reversed and remanded where: 1) in light of a particular state law, trial counsel was ineffective in failing to exercise reasonable diligence in efforts to secure the attendance of the out-of-state witnesses; 2) a remand was required for further proceedings to determine whether the deficient performance prejudiced petitioner's defense.

Appellate Information

• Decided 07/24/2008
• Published 07/24/2008

Judges

• RILEY, Circuit Judge., Before RILEY, HANSEN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Linda S. Sheffield, Atlanta, GA, argued, for appellant.


• For Appellees:
  
• Michael J. Spillane, Asst. Atty. Gen. Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., on the brief), for appellee.