Mack J. Wall v. E. Wilson Purdy, Director of Public Safety, Dade County, Fla.

465 F.2d 933

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 7, 1972
• Docket: 71-1388
• Status: Published

Opinions

PER CURIAM:

The order of the district court, 321 F.Supp. 367, denying habeas corpus relief to the appellant is vacated, and the cause is remanded with directions to determine whether the appellant was advised of his right to counsel and whether he voluntarily and intelligently waived¹ that right in connection with his said trial. If there was no valid waiver of appellant’s Sixth Amendment right to counsel, then he is entitled either to have his conviction and sentence of imprisonment set aside or, if the respondent should desire to retry him for the offense, to his Sixth Amendment rights to counsel in the event, on retrial, the court might contemplate a sentence of imprisonment. Argersinger v. Hamlin, 1972, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed. 530.

Vacated and remanded, with directions.

1 . See Goodwin v. Smith, 5 Cir. 1971, 439 F.2d 1180.