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PROPHET v. DUCKWORTH

No. 78-1145.

580 F.2d 926 (1978)

Glen PROPHET, Petitioner-Appellee, v. Jack DUCKWORTH, Warden, Indiana State Prison, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 11, 1978.

Attorney(s) appearing for the Case

David A. Arthur, Deputy Atty. Gen., Indianapolis, Ind., for respondent-appellant.

Edward L. Volk, LaPorte, Ind., for petitioner-appellee.

Before PELL, TONE, and BAUER, Circuit Judges.

PELL, Circuit Judge.

This is an appeal from the district court's grant of Prophet's petition for writ of habeas corpus. The district court granted the writ because in Prophet's state court trial the prosecutor introduced evidence of a 1947 conviction in which Prophet was not given the right to a court-appointed counsel.1 Although we agree with the district court that the introduction of the uncounseled prior conviction constitutes error...

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