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WAINWRIGHT v. SIMPSON

No. 23074.

360 F.2d 307 (1966)

Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellant, v. Clarence SIMPSON, Appellee.

United States Court of Appeals Fifth Circuit.

April 11, 1966.

Attorney(s) appearing for the Case

James G. Mahorner, Asst. Atty. Gen., Earl Faircloth, Atty. Gen., Tallahassee, Fla., for appellant.

Tobias Simon, Miami, Fla., Maurice Rosen, No. Miami Beach, Fla., for appellee.

Before PHILLIPS, RIVES and COLEMAN, Circuit Judges.

RIVES, Circuit Judge:

In the Circuit Court for Dade County, Florida, a jury found Clarence Simpson guilty of murder in the first degree but recommended mercy. On May 23, 1962 he was sentenced to life imprisonment. He had been represented by counsel chosen originally by his family but appointed by the Court when Simpson and his family became unable to pay. Counsel deliberately failed to move for a new trial or to file a notice of appeal, although he considered that...

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