United States v. Bennie E. Barnes

MIKVA, Circuit Judge:

Appellant, Bennie E. Barnes, appeals the denial of his petition to vacate his sentence under 28 U.S.C. § 2255 (1976). He claims that he was deprived of his right to counsel at a hearing on the section 2255 motion held in the court below. We reverse and remand, for a de novo hearing, at which appellant’s chosen counsel is to be present.

I. BACKGROUND

This case involves a very brutal set of facts, but one that should not sidetrack us from our inquiry into the constitutionality of the procedures employed here. Barnes was convicted of felony murder, second-degree murder, and…