McKELDIN v. ROSE

No. 80-1198.

631 F.2d 458 (1980)

Darryl Lamont McKELDIN, Petitioner-Appellee, v. Jim ROSE, Warden, Tennessee State Penitentiary and William M. Leech, Jr., Attorney General, State of Tennessee, Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 8, 1980.


Attorney(s) appearing for the Case

William M. Leech, Jr., Atty. Gen., William P. Sizer, Asst. Atty. Gen., Nashville, Tenn., for respondents-appellants.

Jerry H. Summers, Chattanooga, Tenn. for petitioner-appellee.

Before LIVELY and JONES, Circuit Judges, and LAMBROS, District Judge.


PER CURIAM.

The State of Tennessee appeals from a judgment of the district court granting habeas corpus relief to the petitioner McKeldin. The question in the case is whether the absence of counsel at a preliminary hearing on a felony charge requires automatic reversal, or whether this admitted denial of a constitutional right may be held harmless error. We conclude that the constitutional infringement disclosed in this case is subject to a harmless error analysis...

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