Gavin v. Wells

This case is before the court on remand from the Supreme Court of the United States. 490 U.S. 1087, 109 S. Ct. 2425, 104 L. Ed. 2d 983. This court originally affirmed the district courts denial of Gavins habeas corpus petition, which attacked judgments of conviction in 1955 for breaking and entering and in 1970 for first degree murder. He is presently incarcerated for the 1970 conviction. The Supreme Court remanded for us to consider the case in light of its opinion in Maleng v. Cook, 490 U.S. 488, 109 S. Ct. 1923, 104 L. Ed. 2d 540 (1989). We have reviewed that decision and received supplemental briefs of the parties.