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McLEMORE v. CUBLEY

No. 76-2286.

569 F.2d 940 (1978)

Michael A. McLEMORE, a Minor, by Barry H. Powell, next friend, Individually, and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Harold B. CUBLEY, Youth Court Judge of Forrest County, Mississippi, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 20, 1978.

Attorney(s) appearing for the Case

Barry H. Powell, Central Miss. Legal Services, Houston J. Patton, Jackson, Miss., for plaintiffs-appellants.

P. Roger Googe, Jr., Asst. Atty. Gen., Charles B. Farber, Sp. Asst. Atty. Gen. of Miss., Jackson, Miss., for defendants-appellees.

Before HILL, RUBIN, and VANCE, Circuit Judges.

PER CURIAM:

The sole issue on appeal in this class action1 is whether a juvenile can intelligently and competently waive his right to counsel in a juvenile delinquency proceeding without the prior advice and assistance of counsel. The district court held that such advice and assistance is not constitutionally required and granted a summary judgment for the defendants-appellees. We affirm the district court judgment on the basis of Supreme...

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