(concurring) :
I concur in the decision that Bruce must be given a meaningful hearing in the District Court. I do this solely because, as described in the opinion prepared by Judge Gewin, the State Court hearing failed to meet the necessary standards of adequacy.
I cannot understand why an “advisory jury” was asked its opinion on the sole issue involved in the post-conviction collateral attack. In such cases as this, findings of fact and conclusions of law are the responsibility of Judges, not juries.
There is much else that I might say about this case but, hopefully, the hearing to be held in the District Court will have extirpated the necessity for such remarks.