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.

Supreme Court of the United States

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.
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.