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GARLAND v. COX

No. 14820.

472 F.2d 875 (1973)

Edward G. GARLAND, Appellant, v. J. D. COX, Superintendent Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 16, 1973.

Attorney(s) appearing for the Case

Edward L. Hogshire, Washington, D. C., for appellant.

William A. Carter, III, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., William P. Robinson, Jr., Asst. Atty. Gen., on brief), for appellee.

Before SOBELOFF, Senior Circuit Judge, WINTER, Circuit Judge, and THOMSEN, Senior District Judge.

SOBELOFF, Senior Circuit Judge:

Edward G. Garland, a Virginia prisoner, seeks a certificate of probable cause to appeal from an order of the District Court, 311 F.Supp. 1290, dismissing his petition for a writ of habeas corpus. We grant the certificate, and reverse.

It is uncontested that counsel was not appointed to represent Garland until the day of his trial. In the past, we have held that such late appointment of counsel...

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