LEIGHTON v. COX

No. 8640.

365 F.2d 122 (1966)

Rex L. LEIGHTON, Appellant, v. Harold A. COX, Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

August 12, 1966.


Attorney(s) appearing for the Case

W. F. Robinson, III, Denver, Colo., for appellant.

L. D. Harris, Albuquerque, N. M., (Boston E. Witt, Santa Fe, N. M., with him on brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and HICKEY, Circuit Judges.


MURRAH, Chief Judge.

Having exhausted his remedies in the courts of New Mexico, petitioner applied to the federal district court for a writ of habeas corpus alleging that the New Mexico state conviction and sentence he is now serving is a constitutional nullity because (1) he was not represented by counsel at his preliminary hearing in the state proceedings against him, (2) he had not been properly advised of his right to remain silent and to the assistance of counsel...

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