William Blackburn v. Dale Foltz

JOHN W. PECK, Senior Circuit Judge.

Petitioner William Blackburn appeals from a district court judgment which denied his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Blackburn was tried initially in September 1977 on three counts of armed robbery in Michigan. The proceeding ended in a mistrial due to a deadlocked jury. Blackburn was retried before a jury in November 1977 and convicted on all three counts. Blackburn contends on appeal that he was denied effective assistance of counsel at the second trial in three ways: Blackburn’s counsel failed to move for suppression…