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MARSHALL v. DUGGER

No. 89-5533.

925 F.2d 374 (1991)

Frank Lee MARSHALL, Petitioner-Appellant, v. Richard L. DUGGER, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 1, 1991.

Attorney(s) appearing for the Case

Alfredo Garcia, Miami, Fla., for petitioner-appellant.

Robert A. Butterworth, Atty. Gen., Michelle Taylor, Asst. Atty. Gen., Tampa, Fla., for respondent-appellee.

Before CLARK and COX, Circuit Judges, and TUTTLE, Senior Circuit Judge.

TUTTLE, Senior Circuit Judge:

The appellant, Frank Lee Marshall ("Marshall") appeals an order of the District Court for the Southern District of Florida denying his petition for a writ of habeas corpus. He contends that the state trial court denied him his constitutional right to counsel. Because we agree that Marshall never invoked his sixth amendment right to self-representation and was nevertheless required to stand trial without counsel, we reverse the order of...

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