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MOYE v. HIGHSMITH

No. 71-3568.

460 F.2d 1388 (1972)

James N. MOYE, Petitioner-Appellee, v. N. L. HIGHSMITH, Acting Warden, Macon Correctional Institution, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

June 13, 1972.

Attorney(s) appearing for the Case

Arthur K. Bolton, Atty. Gen., Atlanta, Ga., Harold N. Hill, Jr., David L. G. King, Jr., Courtney Wilder Stanton, Asst. Attys. Gen., for respondent-appellant.

Jerome A. Zivan, Atlanta, Ga., Glenn Zell, Atlanta, Ga. (Court Appointed), for petitioner-appellee.

Before WISDOM, THORNBERRY and GODBOLD, Circuit Judges.

PER CURIAM:

Petitioner was convicted in a Georgia state court of theft. He appealed through his court-appointed attorneys to the Georgia Court of Appeals. The Court of Appeals rendered its decision affirming the conviction of June 11, 1970.

By letter dated June 14, 1970, petitioner asked the presiding judge of the Court of Appeals to grant him a rehearing, and if the Court of Appeals would not rehear the case he asked that he be appointed counsel to pursue...

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