Roy E. Rand, Jr. v. Harold R. Swenson, Roy E. Rand, Jr. v. Harold R. Swenson

These two appeals which were combined for argument and decision represent an appeal by the Warden, Swenson, and a cross-appeal by the Petitioner, Rand, from an order of the District Court for the Eastern District of Missouri 1 in an action begun under 28 U.S.C. § 2254. The Warden appeals the granting of a new trial to the petitioner, who is an inmate of the Missouri State Penitentiary, and Rand appeals from that part of the order which denied him relief as to three other claimed constitutional violations.

We affirm the order granting the new trial.

Rand concedes if the order granting the new…