Butler v. Sumner

ORDER

EDWARD C. REED, Jr., Chief Judge.

Petitioner Robert Burdett Butler filed a Petition for Writ of Habeas Corpus pursu ant to 28 U.S.C. section 2254. In our order dated July 18, 1991 (document # 64), this Court disposed of all claims except the claim of ineffective assistance of counsel at sentencing. We found that petitioner’s sentencing counsel “was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment.” Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984). We reserved ruling on whether the inadequate assistance prejudiced the…