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HENDERSON v. FRANK

No. 97-3041.

155 F.3d 159 (1998)

John Kenneth HENDERSON, Appellant, v. Frederick FRANK, Superintendent; Thomas W. Corbett, Jr., Attorney General John K. Henderson, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 6, 1998.

Attorney(s) appearing for the Case

Shelley Stark (argued), Office of the Federal Public Defender, Pittsburgh, PA, for Appellant.

David F. Pollock (argued), Office of the District Attorney, Waynesburg, PA, for Appellee.

Before: BECKER, Chief Judge, ALDISERT and GARTH, Circuit Judges

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Facing criminal charges at a preliminary hearing before a Commonwealth of Pennsylvania district justice, John K. Henderson signed and filed a standard waiver of counsel form. He then petitioned the state court to allow him to proceed pro se, which was allowed without a recorded colloquy between Henderson and the judge regarding the dangers of self-representation. Henderson was not represented by counsel...

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