MOLIGNARO v. SMITH

No. 25784.

408 F.2d 795 (1969)

Henry MOLIGNARO, Appellant, v. Lamont SMITH, Warden, Georgia State Prison, Reidsville, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

March 18, 1969.


Attorney(s) appearing for the Case

W. Lance Smith, Barnard Portman, Savannah, Ga., for appellant.

Mathew Robins, Asst. Atty. Gen., Arthur K. Bolton, Atty. Gen., Marion O. Gordon, Asst. Atty. Gen., Atlanta, Ga., for appellee.

Before WISDOM and AINSWORTH, Circuit Judges, and JOHNSON, District Judge.


WISDOM, Circuit Judge:

This habeas case involves the duty of a trial court to inform an accused of the consequences of pleading guilty to an indictment for child molesting. The question is whether, before accepting a waiver of the right to counsel, the trial court should have informed the accused that a guilty plea carried a maximum possible sentence of twenty years. We reverse the district court's denial of the writ. In the absence of a showing that the petitioner...

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