Gratton Earl Moore v. United States

*732OPINION OF THE COURT

FREEDMAN, Circuit Judge.

We ordered rehearing of this case before the Court en banc to review in the setting of representation by a defender agency the rule we adopted in United States ex rel. Mathis v. Rundle, 394 F.2d 748 (3 Cir. 1968), that an untimely appointment of counsel will create a presumption that the defendant was prejudiced and shift to the state the burden of showing the contrary.

On March 30, 1965, petitioner was found guilty by a jury and sentenced on four counts of federal bank robbery based on the holdup of a teller of the Abraham Lincoln Federal Savings…