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MAYS v. BALKCOM

No. 79-1589.

631 F.2d 48 (1980)

Houston Earl MAYS, Petitioner-Appellant, v. Charles R. BALKCOM, Warden, Georgia State Prison, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 19, 1980.

Attorney(s) appearing for the Case

Mark J. Kadish (Court-appointed), Rhonda A. Brofman, Atlanta, Ga., for petitioner-appellant.

Susan V. Boleyn, Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before COLEMAN, Chief Judge, RONEY and GARZA, Circuit Judges.

GARZA, Circuit Judge:

The petitioner, Houston Earl Mays, was charged in the Superior Court in Fulton, Georgia, with the offense of armed robbery. Mays pleaded not guilty to the charge. On the day before the trial was to commence, the court appointed counsel to represent Mays. On the day of trial, before the jury had been selected, the court listened to arguments by defense counsel concerning motions to dismiss, a motion for...

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