Legal Opinion

Tomlin v. McKune

District Court, D. Kansas

Decided September 25, 2007No. 06-3296-JWLPublished

1Opinion of the Court

MEMORANDUM & ORDER

JOHN W. LUNGSTRUM, District Judge.

Petitioner Edwin Tomlin is currently before this Court on his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2554. In his petition, Mr. Tomlin alleges that he was denied effective trial and appellate counsel. After thoroughly reviewing the parties’ motions, briefs, and the underlying record, the court finds that the evidence establishes Mr. Tomlin is entitled to relief. As such, his habeas petitioners granted.

I. Background

The facts pertinent to this habeas case are largely uncontested and are taken from the Kansas Court of…

2Cases cited40 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Estelle v. McGuireSupreme Court of the United States · 1991
  4. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  5. Benton v. MarylandSupreme Court of the United States · 1969

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