Roy Powell v. Donald E. Bordenkircher, Superintendent, Kentucky State Penitentiary

GEORGE CLIFTON EDWARDS, Jr., Senior Circuit Judge.

Powell in this appeal from denial of his petition for writ of habeas corpus contends that he was denied effective assistance of counsel. His argument is that when he was unable to hire counsel for his criminal defense, the court appointed as his attorney the city attorney for Carlisle, Kentucky, the city in which the trial took place.

Hopkins, the lawyer appointed for Powell’s defense, as city attorney for Carlisle, Kentucky, was required to “prosecute all pleas of the Commonwealth and all warrants or proceedings instituted for violation of the…