Legal Opinion

Nick Montos v. S. Lamont Smith, Warden, Georgia State Prison, Reidsville, Georgia

Court of Appeals for the Fifth Circuit

Decided February 3, 1969No. 26231PublishedCited by 24 opinions

1Opinion of the Court

THORNBERRY, Circuit Judge:

Appellant Montos seeks review of an order of the district court denying his petition for a writ of habeas corpus, after an evidentiary hearing where he was represented by court-appointed counsel. To exhaust his state post-conviction remedies, Montos filed a petition for habeas corpus in the City Court of Reidsville, Georgia, which denied relief. Prior to the date on which appellant filed his federal habeas petition, the State of Georgia enacted its new Habeas Corpus Act, Georgia Code § 50-127, effective July 1, 1967. That statute provides that the “superior courts”…

2Cases cited15 opinions

  1. United States v. DaughertySupreme Court of the United States · 1926
  2. Bartone v. United StatesSupreme Court of the United States · 1963
  3. The State of Texas and Dr. George J. Beto, Director, Texas Department of Corrections v. Melvin Alexander PaytonCourt of Appeals for the Fifth Circuit · 1968
  4. Groendyke Transport, Inc. v. DavisCourt of Appeals for the Fifth Circuit · 1969
  5. Roland Tyler v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968

10 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. United States v. Constance Haas Meester, Jeanne Sanfratello Tumulty, Robert Haas, Edward Conrad SawyerCourt of Appeals for the Eleventh Circuit · 1985
  2. Walter Leroy Moody, Jr. v. Warden Holman CFCourt of Appeals for the Eleventh Circuit · 2018
  3. Willard Junior Chunn v. J. J. Clark, WardenCourt of Appeals for the Fifth Circuit · 1971
  4. United States v. Harold D. KindrickCourt of Appeals for the Fifth Circuit · 1978
  5. Jackson C. Floyd v. Stanley R. Resor, Secretary of the Army, and United States of AmericaCourt of Appeals for the Fifth Circuit · 1969

19 more not listed; retrieve them via the Exa API.

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