Smith v. Anderson

OPINION AND ORDER GRANTING WRIT OF HABEAS CORPUS

COHN, District Judge.

I

A

Before the Court is a petition for a writ of habeas corpus under 28 U.S.C. § 2254 claiming a deprivation of a Sixth Amendment right to counsel because of the forced joint representation of petitioner and a co-defendant by the same lawyer in a June, 1971 jury trial in the Recorder’s Court of the City of Detroit. Petitioner also claims a Sixth and Fourteenth Amendment violation in the way the jury was instructed. Respondent has moved to dismiss, Fed.R.Civ.P. 12(b)(6), or, in the alternative, for summary judgment,…