Donnell v. Swenson

JOHN W. OLIVER, District Judge.

MEMORANDUM AND ORDER

I

This habeas corpus case is before this Court for a second time. In Donnell v. Swenson (W.D.Mo.1966), 258 F.Supp. 317, affirmed 382 F.2d 248 (1967), we granted habeas corpus relief but conditioned the execution of the writ upon the granting by the Supreme Court of Missouri of a new direct appeal. A new direct appeal was granted, appellate counsel appointed, and the petitioner’s conviction was again affirmed in State v. Donnell (Mo.Sup.Ct.Div. 3, 1968), 430 S.W.2d 297.

On October 14, 1968, after receipt of a pro se pleading from petitioner, we…