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CAPLER v. CITY OF GREENVILLE, MISSISSIPPI

No. 27803.

422 F.2d 299 (1970)

Willie CAPLER, Plaintiff-Appellant, v. CITY OF GREENVILLE, MISSISSIPPI; W. C. Burnley, Jr., Chief of Police, City of Greenville, Mississippi; and J. R. Cloy, Sheriff of Washington County, Mississippi, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 20, 1970.

Attorney(s) appearing for the Case

James L. Robertson, Greenville, Miss., for plaintiff-appellant.

Guy Kenner Ellis, Jr., Greenville, Miss., for defendants-appellees.

Before JONES, BELL and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge.

This is an appeal from denial of habeas corpus by the District Court. On due process and Sixth Amendment grounds appellant asserts that, during the early hours of his arrest and incarceration on a charge of driving while intoxicated, police officers had an affirmative duty to advise him of his right to counsel and an affirmative duty to provide him an opportunity through scientific tests1 to obtain and preserve...

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