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HARRIS v. WAINWRIGHT

No. 24492.

406 F.2d 1 (1969)

Albert HARRIS, Jr., Appellant, v. Louie L. WAINWRIGHT, Director, Florida Division of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

January 21, 1969.

Attorney(s) appearing for the Case

Richard A. Sicking, Miami, Fla., for appellant.

Wallace E. Allbritton, Asst. Atty. Gen., Earl Faircloth, Atty. Gen., Tallahassee, Fla., for respondent.

Before JOHN R. BROWN, Chief Judge, COLEMAN and SIMPSON, Circuit Judges.

JOHN R. BROWN, Chief Judge:

This is an appeal from the denial by the District Judge of a petition for a writ of habeas corpus. The double-barreled question presented is whether (a) Florida's arraignment procedure is such a critical stage of the criminal proceeding in a capital case that (b) the lack of counsel during arraignment establishes a per se violation of constitutional rights without any showing of prejudice. The District Judge answered this in the...

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