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FOXWORTH v. WAINWRIGHT

No. 71-1197.

449 F.2d 319 (1971)

William FOXWORTH, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 27, 1971.

Attorney(s) appearing for the Case

Thomas C. MacDonald, Jr., Tampa, Fla., (Court appointed), for petitioner-appellant.

Earl Faircloth, former Atty. Gen., Raymond L. Marky, George R. Georgieff, Asst. Attys. Gen., Robert L. Shevin, Atty. Gen., Tallahassee, Fla., for respondent-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

Foxworth appeals from the denial, without a hearing, of his petition for a writ of habeas corpus, 319 F.Supp. 593. We reach the ineluctable conclusion that Foxworth, an indigent, was denied his constitutional right to representation by counsel on appeal and reverse.

In the state trial Foxworth, then fourteen years old, and two other black defendants were represented by court-appointed counsel. The...

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