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CLAY v. WAINWRIGHT

No. 71-3094.

470 F.2d 478 (1972)

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

United States Court of Appeals, Fifth Circuit.

December 18, 1972.

Attorney(s) appearing for the Case

P. A. Pacyna, Asst. Atty. Gen., Tampa, Fla., for respondent-appellant.

John A. Williamson, Tampa, Fla., for petitioner-appellee.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and INGRAHAM, Circuit Judges.

TUTTLE, Circuit Judge:

This appeal involves the question whether habeas corpus relief was properly granted to an indigent state prisoner whose probation had been revoked solely on the basis of misdemeanor convictions obtained without benefit of counsel. Having exhausted his state remedies, the appellee in this case brought a petition for writ of habeas corpus in the District Court for the Middle District of Florida, alleging, inter alia, that since he had not been...

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