Legal Opinion
Junior Clay Walker v. Herman S. Solem and Mark Meierhenry, Attorney General of the State of South Dakota
Court of Appeals for the Eighth Circuit
Decided May 19, 1981No. 80-1806PublishedCited by 13 opinions
1Opinion of the Court
STEPHENSON, Circuit Judge.
Petitioner, Junior Clay Walker, appeals from the denial by the district court, 1 without an evidentiary hearing, of his petition for habeas corpus brought pursuant to 28 U.S.C. § 2254. Walker has alleged that ineffective assistance of counsel deprived him of a fair trial. We remand to the district court for an evidentiary hearing.
I. BACKGROUND
Walker’s home was destroyed by fire on September 27, 1976, at approximately 3:00 a. m. The fire was undeniably the result of arson. Walker was charged by the State of South Dakota with the crime of arson with intent to defraud…
2Cases cited12 opinions
- Townsend v. SainSupreme Court of the United States · 1963
- Sumner v. MataSupreme Court of the United States · 1981
- United States v. Willie Decoster, Jr.Court of Appeals for the D.C. Circuit · 1973
- Roger Lee McQueen v. Harold R. Swenson, WardenCourt of Appeals for the Eighth Circuit · 1974
- State v. WalkerSouth Dakota Supreme Court · 1980
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- David Leroy Washington v. Charles E. Strickland, Superintendent, Florida State Prison, and Jim Smith, Attorney General of the State of FloridaCourt of Appeals for the Fifth Circuit · 1982
- St. Cloud v. LeapleySouth Dakota Supreme Court · 1994
- Johnny Franklin Harris v. Vernon Housewright, Director, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1982
- Wilkins v. BowersoxDistrict Court, W.D. Missouri · 1996
- Nevail Mitchell v. Donald WyrickCourt of Appeals for the Eighth Circuit · 1983
8 more not listed; retrieve them via the Exa API.