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FLINT v. MULLEN

No. 74-1061.

499 F.2d 100 (1974)

Robert W. FLINT, Jr., Petitioner, Appellee, v. James MULLEN, Warden, etc., Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided June 25, 1974.

Attorney(s) appearing for the Case

Donald P. Ryan, Asst. Atty. Gen., with whom Richard J. Israel, Atty. Gen., was on brief, for appellant.

Ralph J. Gonnella, Providence, R. I., with whom Hodosh, Spinella, Hodosh & Angelone, Providence, R. I., was on brief, for appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

PER CURIAM.

This is an appeal by the State of Rhode Island from a decision by the district court, 372 F.Supp. 213, which granted an application for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, on grounds that the petitioner was forced to make an unconstitutional choice between not taking the stand at his deferred sentence violation hearing, thereby sacrificing due process rights, or speaking up in his own defense...

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