Legal Opinion
Carl William Powers v. United States
Court of Appeals for the Fifth Circuit
Decided June 24, 1971No. 71-1352PublishedCited by 1 opinion
1Opinion of the Court
SIMPSON, Circuit Judge:
Carl William Powers’ petition to vacate and set aside conviction and sentence pursuant to Title 28, U.S.C. § 2255, was denied by the district court without a hearing on the basis of the petition, the government’s answer and the records and files of the court. This appeal asks that the judgment below be set aside and revérsed for full hearing in the trial court, with process to secure attendance of witnesses made available to appellant, and with court-appointed counsel provided to him. We find merit in the appeal and reverse.
By his petition Powers asked that the court…
2Cases cited10 opinions
- Sanders v. United StatesSupreme Court of the United States · 1963
- James Walter Brewen v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- Noah William Wade v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1967
- Quillien v. LeekeDistrict Court, D. South Carolina · 1969
- Richard Albert Romero and Earl Roy Wallace v. United StatesCourt of Appeals for the Fifth Circuit · 1964
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