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SPAULDING v. TAYLOR

No. 3678 H.C.

234 F.Supp. 747 (1964)

Travis Oral SPAULDING, Petitioner, v. J. C. TAYLOR, Warden United States Penitentiary, Leavenworth, Kansas, Respondent.

United States District Court D. Kansas.

October 6, 1964.

Attorney(s) appearing for the Case

Homer Davis, Leavenworth, Kan., for petitioner.

Benjamin E. Franklin, Asst. U. S. Atty., Topeka, Kan., for respondent.

WESLEY E. BROWN, District Judge.

This is a habeas corpus action. The sole question to be determined by this court is whether or not the refusal to appoint an attorney to represent an indigent defendant on appeal constitutes a denial of due process which would warrant the release of the petitioner. The question involves the retroactive application of Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963). For the reasons...

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