Roger Lee McQueen v. Harold R. Swenson, Warden, Missouri State Penitentiary

ORDER

This appeal is the third time Roger McQueen’s petition for habeas relief has been before this court. The first instance was a direct appeal from the district court’s dismissal of McQueen’s petition, based upon the court’s finding that McQueen had been afforded effective assistance of counsel. 498 F.2d 207 (8th Cir. 1974). After a lengthy opinion, this court held that McQueen had demonstrated the failure of his trial counsel to perform an essential duty of investigation. Id. at 218. However, on the existing record, we were unable to determine whether McQueen’s defense had been prejudiced…