United States of America Ex Rel. Frank Cole v. Harold W. Follette, Warden of Green Haven Prison, Stormville, New York

This is an appeal from an order of the United States District Court for the Southern District of New York, Marvin E. Frankel, J., granting Frank Cole’s petition for a writ of habeas corpus and discharging him unless the State proceeded to retrial. The basis of the decision below, 301 F.Supp. 1137, was that Cole was denied due process in his state trial1 in November 1965 because he was unjustifiably forced to trial without counsel. There is no need to recount all of the facts here; they are set forth in great detail in Judge Frankel’s opinion and we adopt his statement thereof. It is…