United States ex rel. Harris v. Nelson

MEMORANDUM AND ORDER

MORAN, Senior District Judge.

This is the second petition of Michael K. Harris for habeas corpus, filed pursuant to 28 U.S.C.A. § 2254. Harris now alleges the ineffective assistance of counsel and the deni*859al of a right to an evidentiary hearing (during his state post-conviction proceeding) to determine if his counsel was in fact ineffective. For the reasons stated herein, Harris’ petition is dismissed as an abuse of the writ.

BACKGROUND

Petitioner was convicted of murder, attempted murder, and two counts of aggravated battery by a jury of his peers and was sentenced to three…