UNITED STATES v. BROWN

No. 75-2484.

569 F.2d 236 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Mary Cullar BROWN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 12, 1978.


Attorney(s) appearing for the Case

Louis M. Jepeway, Jr., Miami, Fla., for M. Brown.

Michael P. Gale, Elliot S. Shaw, Miami, Fla., for E. Brown.

Jacob V. Eskenazi, U. S. Atty., J. Daniel Ennis, Asst. U. S. Atty., Miami, Fla., Sidney M. Glazer, Atty., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before BROWN, Chief Judge, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, SIMPSON, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL and FAY, Circuit Judges.


BY THE COURT:

This case presents two questions for our review. The first is whether Mary Cullar Brown had a right to counsel at the time incriminating statements were obtained from her while in the county courthouse enroute to her state preliminary hearing. The second question is whether or not she voluntarily and knowingly waived that right, if it existed. Since we find a clear intelligent waiver of counsel, it is unnecessary for us to answer the first question....

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