Robert Henry Mullins, and Cross-Appellant v. Ronald R. Evans, Superintendent, Colorado State Penitentiary, and Cross-Appellee

McWILLIAMS, Circuit Judge.

Robert H. Mullins, an inmate of the Colorado State Penitentiary serving a life sentence imposed upon a conviction of first degree murder, brought the present action against Donald R. Evans, superintendent of the penitentiary. 28 U.S.C. § 2254. Mullins alleged that he did not receive the effective assistance of counsel at the trial of his case, in violation of the Sixth Amendment. An evidentiary hearing was held, at which time Mullins, and his co-counsel at trial, testified. Based on such testimony the United States District Court for the District of Colorado found…