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BATY v. BALKCOM

No. 80-7668.

661 F.2d 391 (1981)

Willie Fred BATY, Petitioner-Appellant, v. Charles R. BALKCOM, Warden, The Attorney General of the State of Georgia, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied December 17, 1981.

Attorney(s) appearing for the Case

Grace E. Evans, Asst. Federal Public Defender, Augusta, Ga., for petitioner-appellant.

Susan V. Boleyn, Asst. Atty. Gen., Atlanta, Ga., M. Carr Ferguson, Asst. Atty. Gen., Michael L. Paup, Chief App. Section, John F. Murray, Acting Asst. Atty. Gen., Tax Division, Dept. of Justice, Washington, D. C., for respondents-appellees.

Before FAY, FRANK M. JOHNSON, Jr. and THOMAS A. CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 17, 1981.

FRANK M. JOHNSON, Jr., Circuit Judge:

Willie Fred Baty appeals the district court's denial of his habeas corpus petition, 494 F.Supp. 960, claiming that he was denied at his original trial the right to effective assistance of counsel guaranteed by the Sixth Amendment.1 We reverse.

I.

Baty and Leroy Miller, arrested...

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