William Foxworth v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

DYER, Circuit Judge:

Foxworth appeals from the denial, without a hearing, of his petition for a writ of habeas corpus, 319 F.Supp. 593. We reach the ineluctable conclusion that Foxworth, an indigent, was denied his constitutional right to representation by counsel on appeal and reverse.

In the state trial Foxworth, then fourteen years old, and two other black defendants were represented by court-appointed counsel. The remaining defendant had other counsel. All defendants were found guilty of first degree murder with a recommendation of mercy. A mandatory life sentence was imposed on Foxworth on…