HEWETT v. STATE OF NORTH CAROLINA

Nos. 11772, 12851.

415 F.2d 1316 (1969)

John Henry HEWETT, Appellant, v. STATE OF NORTH CAROLINA, R. L. Turner, Warden, Central Prison, Appellees. Jerry Ray CASSADA, Appellant, v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 28, 1969.


Attorney(s) appearing for the Case

Graham C. Lilly, Charlottesville, Va., Court-appointed counsel, for appellants.

Jacob L. Safron, Raleigh, N. C., Staff Atty., Office of Atty. Gen. of N. C. (Robert Morgan, Atty. Gen. of N. C., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and BRYAN and WINTER, Circuit Judges.


WINTER, Circuit Judge:

We consolidated these habeas corpus appeals because each raises a question of mootness and a question of whether the petitioner was unconstitutionally denied the right to counsel when his probation was revoked. Petitioner Hewett's case also raises a question of exhaustion of available state remedies. We conclude that (a) Hewett exhausted state remedies as to his right to counsel at the revocation of his probation, and the district judge should...

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