Kern v. Armontrout

MEMORANDUM AND ORDER DENYING PETITION FOR FEDERAL HABEAS CORPUS

JOHN W. OLIVER, Senior District Judge.

I

The determination of this State prisoner ineffective assistance of counsel habeas corpus case is complicated by the failure of the State trial court to apply the controlling federal standard in determining the Sixth Amendment question presented in this case. Although that court cited the leading Missouri case of Seales v. State, 580 S.W.2d 733 (Mo.1979) (en banc), it nevertheless applied the “fair trial” standard that the Supreme Court of Missouri expressly rejected in that case as the ground…