John D. Brown v. Robert H. Butler, Jr., Warden, Louisiana State Penitentiary, Respondent

W. EUGENE DAVIS, Circuit Judge:

Habeas petitioner, John D. Brown, appeals from the denial of his petition without a hearing. We affirm the district court’s ruling on all claims except petitioner’s claim of ineffective assistance of counsel; we remand that claim for an evidentiary hearing.

I

On July 2, 1980, John D. Brown was arrested while attempting to cash a counterfeit payroll check at a convenience store in Ferriday, Louisiana, in Concordia Parish. Brown’s wife, who was waiting in their automobile outside the store, was also arrested. Upon searching Brown’s automobile, the police discovered…