Bryan v. Mullin

1 Analyses of this case by attorneys

  1. Capital Defense Weekly, September 20, 2004

    Capital Defense NewsletterSeptember 20, 2004

    In a pleading entitled "Request for Appointment of an Investigator" filed simultaneously with and referenced by his § 2254 application, Plaintiff supplemented the affidavit by stating that Ms. Simpkins' rape accusation occurred during the guilt phase of the trial. See Bryan v. Mullin, 335 F.3d 1207, 1214 (10th Cir. 2003) (en banc) (evidentiary hearing justified in part by allegations in habeas application).If the allegations in Mr. Cannon's affidavit are true, he was likely rendered ineffective assistance of counsel, because [*38] of the probability that proof of such juror contact would have entitled him to relief from the trial court.