LEE v. HOPPER

No. 73-3601.

499 F.2d 456 (1974)

William LEE, Petitioner-Appellee, v. Joseph S. HOPPER, Warden, Georgia State Prison, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 23, 1974.


Attorney(s) appearing for the Case

Arthur K. Bolton, Atty. Gen., Courtney Wilder Stanton, Asst. Atty. Gen., B. Dean Grindle, Jr., Deputy Asst. Atty. Gen., Atlanta, Ga., for respondent-appellant.

F. Robert Raley, Macon, Ga. (Court-appointed), for petitioner-appellee.

Before BELL, GOLDBERG and CLARK, Circuit Judges.


CLARK, Circuit Judge:

William Lee received a fifteen year prison sentence after his attorney, in Lee's presence and with his tacit approval, entered pleas of guilty to indictments charging two counts of rape. Three years later Lee initiated habeas corpus proceedings in the Georgia state courts claiming that the pleas had been entered by his privately retained attorney without authority and in contravention of his request...

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