Ozel Conley v. Robert E. Dauer

I dissent from the denial of the petition for rehearing.

In my view, this court should have remanded the proceedings with a direction to dismiss the complaint because the alleged constitutional deprivation — failure of the state to provide counsel for indigents at preliminary hearings — concerns the assertion by each plaintiff of a federal right which may be vindicated in a defense in a single state criminal proceeding. Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971); Samuels v. Mackell, 401 U.S. 66, 91 S.Ct. 764, 27 L.Ed.2d 688 (1971); Boyle v. Landry, 401 U.S. 77, 91…