How has the court treated the issue of improper assistance of counsel at a hearing where the issue was fully litigated?
MultiRegion, United States of America
The following excerpt is from Corum v. Gunn, 545 F.2d 645 (9th Cir. 1976):
The issue raised by petitioner, that he was denied effective assistance of counsel at his 1963 conviction for kidnapping, was fully litigated at a state court hearing in 1971 when petitioner sought to strike his 1963 conviction as a prior offense. The state court determined that issue against petitioner, and the district court properly presumed that finding to be valid. 28 U.S.C. 2254(d); Hill v. Nelson, 466 F.2d 1346 (9th Cir. 1972).
The judgment of the district court is affirmed.
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