Marvin Martin v. James H. Rose William Leech

CORNELIA G. KENNEDY, Circuit Judge.

Marvin Martin appeals from the District Court’s denial of a writ of habeas corpus. We find that Martin was deprived of his right to effective assistance of counsel, and hold that he must be given a new trial.

The petitioner, Marvin “Cotton” Martin, was convicted of two counts of criminal sexual conduct in the first degree, two counts of incest, one count of sodomy, and two counts of crime against nature. The conviction arose from an incident alleged to have occurred in November 1978 involving Martin and his two stepdaughters, who were then ten and twelve.

Marti…