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BERRY v. LOCKHART

Nos. 88-2204, 88-2268.

873 F.2d 1168 (1989)

Greg BERRY, Appellee, v. A.L. LOCKHART, Director, Arkansas Department of Correction, Appellant. Greg BERRY, Appellant, v. A.L. LOCKHART, Director, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 9, 1989.

Attorney(s) appearing for the Case

Olan W. Reeves, Asst. Atty. Gen., Little Rock, Ark., for appellant.

Gregory T. Jones, Little Rock, Ark., for appellee.

Before LAY, Chief Judge, ARNOLD and BOWMAN, Circuit Judges.

ARNOLD, Circuit Judge.

Greg Berry was convicted of kidnapping and attempted rape after a jury trial at which he represented himself. On a magistrate's1 recommendation, the District Court2 granted Berry habeas relief on the ground that Berry did not knowingly and intelligently waive his right to counsel. Because we agree with the District Court that Berry did not validly waive his right to counsel, we affirm...

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