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MERZBACHER v. SHEARIN

No. 10-7118.

706 F.3d 356 (2013)

John Joseph MERZBACHER, Petitioner-Appellee, v. Bobby P. SHEARIN; Douglas F. Gansler, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: January 25, 2013.

Attorney(s) appearing for the Case

ARGUED: Edward John Kelley, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellants. Henry Mark Stichel, Gohn, Hankey & Stichel, LLP, Baltimore, Maryland, for Appellee. ON BRIEF: Douglas F. Gansler, Attorney General of Maryland, Baltimore, Maryland, for Appellants.

Reversed by published opinion. Judge MOTZ wrote the opinion, in which Judge DUNCAN and Judge FLOYD joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

A Baltimore jury convicted John Joseph Merzbacher of child rape and related crimes. When his direct appeal failed, Merzbacher sought state post-conviction relief alleging that his trial lawyers denied him effective assistance of counsel in failing to notify him of, and counsel him about, a pre-trial plea offer. After conducting evidentiary hearings, the state court refused to grant him post-conviction relief. Merzbacher...

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