David Eugene Bainter v. Myrna E. Trickey

BRIGHT, Senior Circuit Judge.

Appellant David Eugene Bainter appeals the district court’s 1 denial of his petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. He seeks relief from his Missouri convictions for two counts of second degree murder and one count of assault to do great bodily harm without malice. Bainter makes two arguments on appeal. First, he contends that he received ineffective assistance of counsel because his trial counsel failed to timely file a motion for a new trial. Second, he contends that he was not competent to stand trial and that his trial…