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375 U.S. 51

84 S. Ct. 152

Docket No. 76, Misc.

Elmer Banks v. Wainwright

Supreme Court of the United States · decided October 21, 1963

Cited by 4 later decisions (1 by the Supreme Court) — most recently March 1992

2 federal appellate · 1 state decisions

Relies on Gideon v. Wainwright · John W. Crews v. Wainwright

Good law ✅— No negative treatment on recordhow we know

Vacated and remanded · 7–2 · Opinion by Per Curiam · Decided October 21, 1963

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Elmer Banks, pro se.

Richard W. Ervin, Atty. Gen. of Florida, and A. G. Spicola, Jr., Asst. Atty. Gen., for respondent.

On Petition for Writ of Certiorari to the Supreme Court of Florida.

PER CURIAM.

¶1

The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of Florida for further consideration in light of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799.

¶2

Mr. Justice DOUGLAS and Mr. Justice CLARK dissent for the reason that the judgment rests on an adequate state ground.

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