(DOWNLOAD) "English v. Cody" by Arizona Court of Appeals # Book PDF Kindle ePub Free

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eBook details

• Title: English v. Cody
• Author : Arizona Court of Appeals
• Release Date : January 01, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Gregory D. English and Laveita O. Ogden ("Petitioners") brought separate habeas corpus petitions pursuant to 28 U.S.C. § 2254 in the United States District Court for the Northern District of Oklahoma. Petitioners each argued, inter alia, that they were being detained in violation of the Constitution because they had been denied the effective assistance of counsel at trial. Wardens R. Michael Cody and Neville Massey ("Respondents") moved the district court in each proceeding to deny the petitions on the grounds of procedural bar. According to Respondents, Petitioners defaulted their ineffective assistance of trial counsel claims when they failed to raise them on direct appeal to the Oklahoma Court of Criminal Appeals. Relying on this courts decision in Brecheen v. Reynolds, 41 F.3d 1343, 1363-64 (10th Cir. 1994), the district court Judges in each case concluded Petitioners claims of ineffective assistance of trial counsel were not procedurally barred.

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