Edwin Charles Moore, A/K/A Charles E. Moore v. Charles L. Wolff, Warden, Etc.

GIBSON, Circuit Judge.

Petitioner, Edwin Charles Moore, appeals the District Court’s 1 denial of his petition for a writ of habeas corpus. Petitioner was charged and convicted in Nebraska state court of assault with intent to rape and sodomy and sentenced to concurrent five year terms of imprisonment. Moore’s claim, that his oral incriminating statements made after appointment of counsel but without counsel present were used against him at trial in violation of his Sixth Amendment right to counsel, was rejected by the Nebraska Supreme Court on direct appeal. 2

Moore then filed this petition for…