Garton v. Swenson

MEMORANDUM AND ORDER GRANTING HABEAS CORPUS RELIEF

JOHN W. OLIVER, District Judge.

I

This is the third time this state prisoner habeas corpus case has been before this Court. In Garton v. Swenson (W.D.Mo.1967), 266 F.Supp. 726, we granted federal habeas corpus relief because petitioner had been denied his right to counsel on direct appeal and because he had been denied a postconviction evidentiary hearing required by federal standards, enunciated in Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963); Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed.2d 837 (1963), and Sanders v.…