James Flowers v. Donald Wyrick and John Ashcroft

HEANEY, Circuit Judge.

James Flowers pled guilty to a charge of felonious assault with malice aforethought in violation of Mo.Rev.Stat. § 559.180 (1969). He was sentenced by a Missouri state court judge to a term of twenty years. Thereafter, he sought to have the conviction and sentence set aside. These motions were denied by the Missouri trial court and no appeal was taken. Two years later he filed a second state post-conviction motion, alleging, among other things, incompetency of counsel. The Supreme Court of Missouri ultimately granted Flowers a hearing on this motion. Flowers v. State,…