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SHAW v. HENDERSON

No. 28652.

430 F.2d 1116 (1970)

Denny Dean SHAW, Petitioner-Appellant, v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 2, 1970.

Attorney(s) appearing for the Case

Doris Falkenheiner, Baton Rouge, La., for petitioner-appellant.

Jack P. F. Gremillion, Atty. Gen., State of La., Jack E. Yelverton, Asst. Atty. Gen., Woodrow W. Erwin, Dist. Atty., Baton Rouge, La., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and GEWIN and THORNBERRY, Circuit Judges.

GEWIN, Circuit Judge:

The primary question raised on this appeal is whether Denny Dean Shaw was unconstitutionally denied the right to counsel in his Louisiana revocation of probation hearing. Shaw's sole contention is that the Supreme Court's decision in Mempa v. Rhay1 extends the Sixth Amendment right to such hearings. We are in agreement with the vast majority of courts which have interpreted Mempa as not extending this right...

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