FLINT v. HOCKER

No. 71-1056.

462 F.2d 590 (1972)

William H. FLINT, Plaintiff-Appellant, v. Carl HOCKER, Warden, Nevada State Prison, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 24, 1972.


Attorney(s) appearing for the Case

Charles Chalmers (argued), of Petty, Andrews, Olsen, Tufts, Jackson & Sander, San Francisco, Cal., John J. McCune, Reno, Nev., Don M. Casto, III, Columbus, Ohio, for plaintiff-appellant.

Herbert F. Ahlswede, Deputy Atty. Gen. (argued), Robert List, Atty. Gen., Carson City, Nev., for defendant-appellee.

Before ELY and HUFSTEDLER, Circuit Judges, and JAMESON, District Judge.


HUFSTEDLER, Circuit Judge:

The issue on appeal is this: Do the Sixth and Fourteenth Amendments of the Federal Constitution require that an indigent criminal defendant be afforded the assistance of counsel at a Nevada probation revocation hearing? We hold that they do.

On June 1, 1962, Flint pleaded guilty to a first degree burglary charge for which he was sentenced by a state court in Nevada to a term of one to fifteen years. The court suspended the sentence...

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