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CADENA v. ESTELLE

No. 79-1503 Summary Calendar.

611 F.2d 1385 (1980)

Francisco CADENA, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 17, 1980.

Attorney(s) appearing for the Case

Francisco Cadena, pro se.

Mark White, Atty. Gen., John W. Fainter, Jr., Ted L. Hartley, W. Barton Boling, Renea Hicks, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before GEE, HENDERSON and HATCHETT, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 17, 1980.

PER CURIAM.

Appellant, arraigned in a state proceeding without counsel, appeals the denial of habeas corpus, asserting that arraignment was a "critical stage" of the state proceeding at which the presence of counsel was required. Hamilton v. Alabama, 368 U.S. 52, 82 S.Ct. 157, 7 L.Ed.2d 114 (1961). An Alabama arraignment was there held to be such a critical stage...

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