Citation Codes Equivalent Citations citation codes Docket Number No. 71-1388. Summary Calendar. Attorney(S) Bruce S. Rogow, Miami, Fla., for petitioner-appellant. Jack R. Blumenfeld, Asst. State Atty., Miami, Fla., for respondent-appellee. Judges Griffin Boyette Bell Charles Clark See more information ... Smart Summary Please sign up to generate summary. MACK J. WALL, PETITIONER-APPELLANT, v. E. WILSON PURDY, DIRECTOR OF PUBLIC SAFETY, DADE COUNTY, FLA., RESPONDENT-APPELLEE. 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 waived 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. See Goodwin v. Smith, 5 Cir. 1971, 439 F.2d 1180. Vacated and remanded, with directions. PER CURIAM: ON PETITION FOR REHEARING EN BANC PER CURIAM: No member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.