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ALLEN v. HANCHEY

No. 22553.

352 F.2d 64 (1965)

Alvin Lee ALLEN, Appellant, v. H. L. HANCHEY, Warden of Louisiana State Penitentiary at Angola, Appellee.

United States Court of Appeals Fifth Circuit.

October 21, 1965.

Attorney(s) appearing for the Case

Jack Peebles, New Orleans, La., for appellant.

Teddy W. Airhart, Jr., Asst. Atty. Gen., Jodie W. Stout, Asst. Atty. Gen., Baton Rouge, La., Jack P. F. Gremillion, Atty. Gen. State of Louisiana, for appellee.

Before JONES, WISDOM and GEWIN, Circuit Judges.

PER CURIAM.

The appellant applied to the district court for a writ of habeas corpus asserting that he was not provided with or advised of his right to counsel. At the time the matter was before the district court it had not been decided by this Court that the doctrine announced in Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, 93 A.L.R.2d 733, had a retroactive effect. The district court held that the principles announced...

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