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THOMAS v. CARROLL

No. 06-2282.

581 F.3d 118 (2009)

Andre R. THOMAS, Appellant v. Warden Thomas L. CARROLL; Attorney General of the State of Delaware.

United States Court of Appeals, Third Circuit.

Filed: September 22, 2009.

Attorney(s) appearing for the Case

Peter A. Levin, (Argued), Philadelphia, PA, for Appellant.

Loren C. Meyers, Gregory E. Smith, Paul R. Wallace, (Argued), Department of Justice, Wilmington, DE, for Appellee.

Before: SLOVITER, HARDIMAN, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This appeal presents a factual scenario unique in our experience and a legal question for which we have found no precise precedent.

While Appellant Andre R. Thomas was serving a thirty-five year sentence in a Delaware penal institution, he punched a corrections officer and was subsequently indicted under Delaware law for assault. Prior to trial, Thomas voluntarily and knowingly waived his right to counsel...

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