Gray v. Swenson

MEMORANDUM OPINION AND ORDER GRANTING HABEAS CORPUS

JOHN W. OLIVER, District Judge.

I

The state prisoner involved in this habeas corpus case is before this Court for a second time. In Gray v. Swenson (W.D.Mo.1967) 271 F.Supp. 912, we determined that petitioner had been deprived of his federally protected right to appellate counsel. Consistent with the established practice of this Court, we stayed the issuance of the writ in order to permit the State of Missouri to take appropriate steps to set aside and vacate the Supreme Court of Missouri’s affirmance of petitioner’s original conviction on…