Legal Opinion

Ben Scarborough v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Court of Appeals for the Fifth Circuit

Decided December 2, 1968No. 26430PublishedCited by 8 opinions

1Opinion of the Court

■PER CURIAM:

Ben Scarborough appeals from the denial of his petition for habeas corpus without a hearing. In his petition, appellant contends that he was not represented by counsel at arraignment or at sentencing, relative to his conviction in a Florida state court for robbery in 1941. These points were decided adversely to him in a previous habeas proceeding from which no appeal was taken. The federal district court there held that in the Florida state courts arraignment is not so critical a stage of the proceedings that failure to afford representation of counsel to an indigent constitutes a…

2Cases cited4 opinions

  1. Hamilton v. AlabamaSupreme Court of the United States · 1961
  2. Aubrey Pate v. William C. Holman, Warden, Kilby Prison, AlabamaCourt of Appeals for the Fifth Circuit · 1965
  3. Louie L. Wainwright, Director, Division of Corrections, State of Florida v. Clarence SimpsonCourt of Appeals for the Fifth Circuit · 1966
  4. Edgar C. Worts v. A. L. Dutton, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1968

3Cited by8 opinions

  1. Brown v. HaynesDistrict Court, W.D. Missouri · 1974
  2. George Brown, Jr. v. Louie L. Wainwright, Director, Division of Correction, State of FloridaCourt of Appeals for the Fifth Circuit · 1978
  3. Lumpkin v. SmithDistrict Court, N.D. Georgia · 1970
  4. George Brown, Jr. v. Louie L. Wainwright, Director, Division of Correction, State of FloridaCourt of Appeals for the Fifth Circuit · 1978
  5. Robert Farmer v. Dr. George J. Beto, Director, Texas Department of Corrections, No. 71-1338 Summary Calendar. (1) Rule 18, 5th Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of N.Y., 431 F.2d 409 (5th Cir. 1970), Part ICourt of Appeals for the Fifth Circuit · 1971

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