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VIZZARD v. PROCUNIER

No. 23483.

439 F.2d 94 (1971)

Hugh VIZZARD, Petitioner and Appellant, v. Raymond K. PROCUNIER, Respondent and Appellee.

United States Court of Appeals, Ninth Circuit.

February 19, 1971.

Attorney(s) appearing for the Case

W. Austin Cooper (argued), Sacramento, Cal., for petitioner-appellant.

Daniel Kremer (argued), Edsel W. Haws, Deputy Attys. Gen., Evelle J. Younger, Atty. Gen., Sacramento, Cal., for respondent-appellee.

Before MERRILL and CARTER, Circuit Judges, and THOMPSON, District Judge.

PER CURIAM:

The substance of this habeas petitioner's charges lies in the failure to provide counsel at his preliminary hearing. The right to counsel attaches at that time, Coleman v. Alabama, 399 U.S. 1, 90 S.Ct. 1999, 26 L.Ed.2d 387 (1970), but the Coleman decision does not apply retroactively to petitioner's 1958 conviction. Olsen v. Ellsworth, 438 F.2d 630, February 8, 1971 (9th Cir...

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