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MILLER v. BIRNBAUM

Civ. No. 1-71-16.

327 F.Supp. 554 (1971)

Walter Dale MILLER, Individually and on behalf of all others persons similarly situated, Plaintiffs, v. Milton BIRNBAUM, Individually and in his capacity as Magistrate, Magistrate's Division of the District Court of the Third Judicial District for Canyon County, Idaho, Defendant.

United States District Court, D. Idaho.

April 28, 1971.

Attorney(s) appearing for the Case

Richard A. Skinner and Michael Donnelly, Western Idaho Legal Aid, Caldwell, Idaho, for plaintiffs.

W. Anthony Park, Atty. Gen., Boise, Idaho, for defendant.

ORDER

McNICHOLS, Chief Judge.

This matter having come on for hearing and oral argument at 3:00 o'clock P.M., April 23, 1971 and briefs having been filed and carefully examined it is the decision and order of this Court that the Sixth Amendment to the United States Constitution mandates the appointment of counsel for indigent defendants in all criminal cases where conviction may result in a loss of liberty.

It is therefore ordered as follows:

...

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