Tommy N. GREER v. George BETO, Director, Texas Department of Corrections.

384 U.S. 269 (86 S.Ct. 1477, 16 L.Ed.2d 526)

Tommy N. GREER v. George BETO, Director, Texas Department of Corrections.

No. 720, Misc.

Decided: May 23, 1966

William E. Gray, for petitioner.

Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, First Asst. Atty. Gen., T. B. Wright, Executive Asst. Atty. Gen., and Howard M. Fender, Asst. Atty. Gen., for respondent.

On Petition for Writ of Certiorari to the Court of Criminal Appeals of Texas.

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PER CURIAM.

The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is reversed. Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799; Doughty v. Maxwell, 376 U.S. 202, 84 S.Ct. 702, 11 L.Ed.2d 650; see Garner v. Pennsylvania, 372 U.S. 768, 83 S.Ct. 1105, 10 L.Ed.2d 138; United States ex rel. Durocher v. LaVallee, 330 F.2d 303 (C.A.2d Cir.).

Mr. Justice HARLAN would set the case for argument, believing that the retroactivity of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, as applied in a recidivist case, presents problems of its own that are deserving of plenary consideration.

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