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SMITH v. ANDERSON

No. 81-1124.

689 F.2d 59 (1982)

Donald SMITH, Petitioner-Appellee, v. Charles E. ANDERSON, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 13, 1982.

Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen. of Mich., Lansing, Mich., Andrea L. Solak, Asst. Pros. Atty., Detroit, Mich., for respondent-appellant.

David M. Lawson, Southfield, Mich., (Court-appointed), for petitioner-appellee.

Before JONES, Circuit Judge, and WEICK and PHILLIPS, Senior Circuit Judges.

NATHANIAL R. JONES, Circuit Judge.

Petitioner, Donald Smith, individually and through his attorney, objected to the Wayne County Prosecutor's day-of-trial motion to consolidate his case with that of another defendant, Abraham Allen, charged with the same offense and represented by the same court-appointed attorney. Smith's appointed counsel, Jerrold Sherman, represented to the court that he could not effectively represent both Smith and Allen in a joint trial due...

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