Habeas Petitioner Entitled to Attorney For Evidentiary Hearing

U.S. v. Maxwell, 2006 WL 1587507 (6/12/06)(unpub'd) - The 10th overturns 2255 denial where the movant did not have an attorney during an evidentiary hearing to determine if he had requested his attorney to appeal. No prejudice need be shown. Habeas Rule 8(c) requires an appointed attorney when a hearing is held.