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JOHNSON v. CALDWELL

No. 72-1324 Summary Calendar.

458 F.2d 505 (1972)

James Larry JOHNSON, Petitioner-Appellant, v. E. B. CALDWELL, Warden, Georgia State Prison, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 7, 1972.

Attorney(s) appearing for the Case

Thomas E. Baynes, Asst. Professor of Business Law, Atlanta, Ga. (Court-appointed), for petitioner-appellant.

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

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

The sole issue on this appeal is the alleged ineffective assistance of Johnson's counsel. After conviction in a Georgia state court, but before notice of appeal had been filed with the Georgia Supreme Court, Johnson escaped from state custody. In a letter to the trial judge, Johnson's counsel stated his intention not to file a notice of appeal and asked to be relieved as counsel on the ground that the Georgia law dictated that when a convicted person escapes...

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