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DAIGLE v. WARNER

No. 72-2801.

490 F.2d 358 (1974)

Robert M. DAIGLE, and Terry Lee Crosby, Individually and on behalf of all persons similarly situated, Petitioners-Appellees, and Jack Nazimek et al., Petitioners, Intervenors-Appellees, v. Honorable John E. WARNER, Individually and in his capacity as Secretary of the Navy, et al., Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing January 29, 1974.

Attorney(s) appearing for the Case

Lt. E. Alan Hechtkopf, Staff Atty., Judge Advocate General's Office, Washington, D. C. (argued), Robert K. Fukuda, U. S. Atty., Honolulu, Hawaii, James L. Browning, Jr., U. S. Atty., Chester G. Moore, III, Asst. U. S. Atty., San Francisco, Cal., William J. Eggers, III, Asst. U. S. Atty., Honolulu, Hawaii, for respondents-appellants.

Stanley E. Levin, Waianae, Hawaii (argued), Paul Alston, Legal Aid Society, Waianae, Hawaii, John S. Edmunds, Mattoch, Edmunds, Kemper & Brown, Honolulu, Hawaii, David F. Addlestone, Lawyers Military Defense Committee, Washington, D. C., for petitioners-appellees.

Before KOELSCH, WRIGHT and TRASK, Circuit Judges.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

In this habeas corpus proceeding, petitioners attack their convictions at summary courts-martial on the basis that they were not afforded representation by counsel. We must decide whether the Sixth Amendment's guarantee of counsel in criminal prosecutions, as interpreted and applied in Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972),1

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