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DONLAVEY v. SMITH

No. 28146.

432 F.2d 940 (1970)

William B. DONLAVEY, Petitioner-Appellant, v. S. Lamont SMITH, Warden, Georgia State Prison, Reidsville, Georgia, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 28, 1970.

Attorney(s) appearing for the Case

William B. Donlavey, pro se.; Frank B. Strickland, Atlanta, Ga. (court appointed), for petitioner-appellant.

Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Marion O. Gordon, Courtney Wilder Stanton, Asst. Attys. Gen., Atlanta, Ga., for respondent-appellee.

Before SIMPSON, MORGAN and INGRAHAM, Circuit Judges.

PER CURIAM:

Petitioner, having been previously denied a writ of habeas corpus by this court, now requests that we reconsider our decision (Donlavey v. Smith, 5 Cir., 1970, 426 F.2d 800) in light of the Supreme Court's recent pronouncement in Coleman v. Alabama, 399 U.S. 1, 90 S.Ct. 1999, 26 L.Ed.2d 387 (1970), concerning the right to have an appointed attorney present at the state preliminary hearing...

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