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RUSHING v. WILKINSON

No. 17727.

272 F.2d 633 (1959)

Leon B. RUSHING, Appellant, v. Frederick T. WILKINSON, Warden, United States Penitentiary, Atlanta, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

November 25, 1959.

Attorney(s) appearing for the Case

Frank J. Mizell, Jr., Montgomery, Ala., John Fletcher Jones, Andalusia, Ala., for appellant.

Charles D. Read, Jr., Acting U. S. Atty., Atlanta, Ga., Lieutenant Colonel Thomas M. Wells, Jr., First Lieutenant Paul A. Foley, Fort McPherson, Ga., for appellee.

Before RIVES, Chief Judge, and HUTCHESON and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

Leon B. Rushing, formerly a private in the United States Army but now an inmate of the United States penitentiary in Atlanta, filed a petition for habeas corpus challenging the validity of his conviction by a court-martial in Korea in 1951. Rushing contends that: (1) he was denied effective assistance of counsel in the preparation and trial of his case, in violation of the Sixth Amendment and, interrelated with this denial of adequate counsel...

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