Stanford Yates v. John W. Wingo, Warden, Kentucky State Prison

WEICK, Circuit Judge.

Petitioner has appealed from an order of the District Court denying, without a hearing, his application for a writ of habeas corpus.

Petitioner and another man were indicted in the Circuit Court of McCracken County, Kentucky, for the offense of armed robbery. At his trial before a jury in the state court he was represented by counsel appointed by the court. Petitioner’s co-defendant was acquitted but petitioner was convicted and sentenced to life imprisonment. His counsel filed a motion for a new trial, which was denied. Petitioner alleged that he then requested his…