DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
061424P.pdf 07/24/2008 William Armstrong v. Mike Kemna
U.S. Court of Appeals Case No: 06-1424
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Riley, Author, with Hansen and Smith, Circuit Judges]
Prisoner case - habeas. For the court's first opinion in the case, see
Armstrong v. Kemna, 365 F.3d 622 (8th Cir. 2004). District court erred in
finding trial counsel had not rendered ineffective assistance of counsel
when she failed to subpoena out-of-state witnesses key to Armstrong's
defense; trial counsel failed to make an adequate and complete
investigation of Wisconsin law on the Uniform Act to Secure Attendance
of Witnesses From Without a State in Criminal Proceedings; in light of
the court's decision that counsel's actions constituted ineffective
assistance, the matter is remanded to the district court for further
proceedings to determine whether trial counsel's deficient performance
prejudiced Armstrong's defense.