BROWN v. WAINWRIGHT

No. 78-2532.

644 F.2d 337 (1980)

Willie James BROWN, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Etc., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

On Petition for Rehearing and Rehearing April 8, 1980.


Attorney(s) appearing for the Case

Willie James Brown, pro se.

Baya Harrison, III (Court-appointed), Tallahassee, Fla., for petitioner-appellant.

Robert L. Shevin, Atty. Gen., Glenn H. Mitchell, Stewart J. Bellus, Asst. Attys. Gen., West Palm Beach, Fla., for respondent-appellee.

Before HILL, KRAVITCH and HATCHETT, Circuit Judges.


On Petition for Rehearing and Rehearing En Banc April 8, 1980.

PER CURIAM:

We must determine whether the appellant, a habeas corpus petitioner, waived his constitutional right to represent himself without the assistance of counsel in his state court trial. We find no waiver and reverse.

In 1974, Brown, the appellant, was convicted of second degree murder. After Brown exhausted the issue of self-representation in the state courts, he filed the present...

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