[DOWNLOAD] "Mullins v. Evans" by Tenth Circuit. United States Court of Appeals ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Mullins v. Evans
• Author : Tenth Circuit. United States Court of Appeals
• Release Date : January 05, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Robert H. Mullins, an inmate of the Colorado State Penitentiary serving a life sentence imposed upon a conviction of first degree murder, brought the present action against Donald R. Evans, superintendent of the penitentiary. 28 U.S.C. § 2254. Mullins alleged that he did not receive the effective assistance of counsel at the trial of his case, in violation of the Sixth Amendment. An evidentiary hearing was held, at which time Mullins, and his co-counsel at trial, testified. Based on such testimony the United States District Court for the District of Colorado found that Mullins' trial in state court was a mockery and a sham.1 In accord with such finding the district court set aside Mullins' conviction and allowed the State of Colorado ninety days within which to retry Mullins. The district court further ordered that if there was no such retrial, Mullins was to be discharged from custody. See Mullins v. Evans, 473 F. Supp. 1321 (D.C.Colo.1979). Evans, the respondent, appeals that judgment. The district court stayed its order pending final resolution of the appeal. Mullins was convicted by a jury in a Colorado state court of first degree murder and sentenced to life imprisonment. On appeal, his conviction was affirmed by the Colorado Supreme Court. People v. Mullins, 188 Colo. 23, 532 P.2d 733 (1975). Mullins later sought post-conviction relief in the Colorado courts. In that proceeding Mullins alleged a lack of effective representation. No evidence was offered in connection with that claim, and the state trial judge, on the basis of the trial record, denied relief. On appeal, that judgment was also affirmed by the Colorado Supreme Court. People v. Mullins, 188 Colo. 29, 532 P.2d 736 (1975).

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