SMITH v. YEAGER

No. 17816.

459 F.2d 124 (1972)

Herbert F. SMITH, Jr., Appellant, v. Howard YEAGER, Warden, New Jersey State Prison.

United States Court of Appeals, Third Circuit.

Decided April 26, 1972.


Attorney(s) appearing for the Case

Herbert F. Smith, pro se.

David Noah Dubrow, Asst. Prosecutor, Newark, N. J., for appellee.

Before ALDISERT, GIBBONS and ROSENN, Circuit Judges.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

When appellant appeared in 1955 at a juvenile certification hearing, case law, as then articulated, did not mandate assistance of counsel. This appeal requires us to decide whether a subsequent entry of a counseled plea of guilty as an adult offender forecloses a collateral attack on that plea based on later pronouncements of the courts requiring the presence of counsel at juvenile certification proceedings....

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