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WILBURN v. NELSON

No. 71-1135.

458 F.2d 502 (1972)

Byron Milton WILBURN, Petitioner-Appellee, v. Warden L. S. NELSON et al., Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

March 2, 1972.

Attorney(s) appearing for the Case

Evelle J. Younger, Atty. Gen., Albert W. Harris, Jr., Asst. Atty. Gen., Derald E. Granberg, Deputy Atty. Gen., San Francisco, Cal., for appellants.

Ackeret & Colteaux, San Rafael, Cal., for appellee.

Before MERRILL, KOELSCH, and BROWNING, Circuit Judges.

PER CURIAM:

Petitioner, a California prisoner, applied for a writ of habeas corpus on the ground that he was denied due process by the failure of the California Adult Authority to provide him with assistance of counsel at his parole revocation hearing. The district court granted the writ 323 F.Supp. 585. The Warden appealed.

It is the position of this court that as a general rule assistance of counsel is not an essential...

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