No. 72-2090.

485 F.2d 427 (1973)

Fred PAINTER, Appellant, v. William D. LEEKE, Director, Department of Corrections, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 15, 1973.

Attorney(s) appearing for the Case

Randy S. Gregory and George B. Hyler, Third Year Students (George K. Walker, Winston-Salem, N. C. [Court-appointed] on brief), for appellant.

Robert M. Ariail, Asst. Atty. Gen. of S. C. (Daniel R. McLeod, Atty. Gen. of S. C., and Emmet H. Clair, Asst. Atty. Gen., on brief), for appellee.

Before WINTER and WIDENER, Circuit Judges, and KAUFMAN, District Judge.

WIDENER, Circuit Judge:

In this appeal from the denial of a petition for writ of habeas corpus, the question is whether or not the manner of conducting the trial deprived the defendant of procedural due process. We are of opinion that the defendant did not receive a fair trial and we reverse.

On October 1, 1968, prisoners at the South Carolina Central Correctional Institution rioted. Twelve prisoners, including Painter...

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