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LEASURE v. LOCKHART

No. 74-1520.

509 F.2d 23 (1975)

Charles LEASURE, Petitioner-Appellant, v. A. L. LOCKHART, Superintendent, Cummins Unit, Arkansas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 13, 1975.

Attorney(s) appearing for the Case

Robert A. Newcomb, for Inmates, Ark. Dept. of Correction, Pine Bluff, Ark., for petitioner-appellant.

Jim Guy Tucker, Atty. Gen., and Jack T. Lassiter, Asst. Atty. Gen., Little Rock, Ark., for respondent-appellee.

Before GIBSON, Chief Judge, and HEANEY and ROSS, Circuit Judges.

PER CURIAM.

In 1971, the petitioner was convicted in Arkansas state court of the first degree rape of his seven-year-old daughter. He was sentenced to imprisonment for forty years. After he was denied relief by the state supreme court on direct appeal1 and on appeal of the denial of a post-conviction motion,2 he filed a petition for habeas corpus in federal District Court. The sole ground for relief alleged...

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