BAXTER v. CLAYTOR

No. 77-1984.

652 F.2d 181 (1981)

Jerry Dwayne BAXTER, Appellant, v. Graham W. CLAYTOR, Jr., Secretary of the Navy.

United States Court of Appeals, District of Columbia Circuit.

Decided April 24, 1981.


Attorney(s) appearing for the Case

F. Whitten Peters, Washington, D. C. (appointed by the court), with whom Robert L. Weinberg, David F. Addlestone, and Barton F. Stichman, Washington, D. C., were on the brief, for appellant.

Al J. Daniel, Jr., Atty., Dept. of Justice, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., Washington, D. C. (at the time the brief was filed), and Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellee. John A. Terry, Michael J. Ryan, and Michael Lehr, Asst. U. S. Attys., Washington, D. C., also entered appearances for appellee.

Before ROBINSON, MacKINNON, and MIKVA, Circuit Judges.


Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

Jerry Dwayne Baxter received a bad conduct discharge from the Navy in 1957 as a result of two court-martial convictions, one in 1955 and one in 1956. In 1976, proceeding pro se, Baxter commenced efforts to have his court-martial convictions vacated and his discharge upgraded to honorable on the ground that he was denied the assistance of legally trained counsel during the

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