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PHILLIPS v. STATE OF NORTH CAROLINA

No. 14252.

433 F.2d 659 (1970)

Lewis Thomas PHILLIPS, Appellant, v. STATE OF NORTH CAROLINA, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 9, 1970.

Attorney(s) appearing for the Case

Patrick M. McSweeney, Richmond, Va. (court-assigned) for appellant.

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

Before BOREMAN, BRYAN, and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

In Coleman v. Alabama, 399 U.S. 1, 90 S.Ct. 1999, 26 L.Ed.2d 387 (1970), the Supreme Court held that the Sixth Amendment requires the appointment of counsel to represent indigents at Alabama preliminary hearings. In 1966, Lewis Thomas Phillips, unassisted by counsel, was bound over to a grand jury at a preliminary hearing which both parties agree is materially the same as Alabama's.1

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