(DOWNLOAD) "Lujan v. United States" by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Lujan v. United States
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 08, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This case is again on appeal after our remand for an evidentiary hearing in the district court. See Lujan v. United States,
5 Cir., 1970, 424 F.2d 1053. The district court again denied relief, setting out its findings of fact and conclusions of law.
We affirm. Appellant contends that a 1947 judgment of conviction should be vacated because as an indigent defendant he was not provided
with counsel and did not voluntarily and knowingly waive that right. The trial judge concluded on the record that appellant
waived appointment of counsel. The prosecuting attorneys testified that they had no independent recollection of this particular
defendant, but both they and the deputy clerk testified as to what was the unalterable practice of the trial court in arraigning
and sentencing defendants charged with felonies. This practice was to offer counsel to indigent defendants. There was also
evidence as to appellant's knowledge of the right to appointed counsel based on his prior experience in criminal proceedings.