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KEMP v. LEGGETT

No. 80-7471 Summary Calendar.

635 F.2d 453 (1981)

Ralph KEMP, Warden, Chatham County Correctional Institution, Respondent-Appellant, v. Johnny B. LEGGETT, Petitioner-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

January 27, 1981.

Attorney(s) appearing for the Case

Susan V. Boleyn, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellant.

Orion L. Douglass, Brunswick, Ga., for petitioner-appellee.

Before GODBOLD, KRAVITCH and HATCHETT, Circuit Judges.

PER CURIAM:

The state appeals the grant of § 2254 relief. We agree with the conclusion of the district judge that the appellee was deprived of his constitutional right to effective assistance of counsel and affirm.

Appellee, Johnny B. Leggett, was convicted of murder and sentenced to life imprisonment. At the evidentiary hearing on the federal habeas action1 appellee's retained counsel testified that his previous criminal...

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