Considering the decision of the United States Supreme Court in Cuyler v. Sullivan, 446 U.S. -,-, 100 S.Ct. 1708, 1715-1716, 64 L.Ed.2d 333, the order of the district court, 440 F.Supp. 1037, granting writ of habeas corpus is AFFIRMED and the case is REMANDED for further proceedings consistent with this opinion.