Cleesen v. Brewer

LeGRAND, Justice.

Were it not for the recent Supreme Court decision of Rodriquez v. United States, 395 U.S. 327, 89 S.Ct. 1715, 23 L.Ed.2d 340, the present habeas corpus appeal would unquestionably be controlled by Blanchard v. Bennett, filed May 6, 1969, and reported in 167 N.W.2d 612.

Our present problem is to determine what effect Rodriquez should be given under the circumstances here.

Petitioner, after trial by jury, was convicted of breaking and entering in Lee County. He was sentenced on October 30, 1968. He was then represented by Charles O. Frazier, a Keokuk attorney. Mr. Frazier filed…