Legal Opinion
United States ex rel. Payton v. Rundle
Court of Appeals for the Third Circuit
Decided December 21, 1972No. 72-1301PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
MAX ROSENN, Circuit Judge.
This is an appeal by the Commonwealth from an order granting a petition for a writ of habeas corpus in the United States District Court for the Middle District of Pennsylvania. Appel-lee, state prisoner Harold Payton, claims that he has not waived his right to assert in a collateral proceeding the failure of the trial court in which he was convicted to inform him of a right to free counsel to prosecute an appeal. The district court held that Payton had not waived his right to assert this claim. Because we find that appellee has no Federal…
2Cases cited18 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Fay v. NoiaSupreme Court of the United States · 1963
- Griffin v. IllinoisSupreme Court of the United States · 1956
- Douglas v. CaliforniaSupreme Court of the United States · 1963
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Otis Ray Fitzgerald v. W. J. Estelle, Director Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1975
- Commonwealth v. ByrneSuperior Court of Pennsylvania · 2003
- Carroll Olson v. Gerald W. Hart, JudgeCourt of Appeals for the Tenth Circuit · 1992
- Commonwealth v. MallonSuperior Court of Pennsylvania · 1980
- United States v. YoungDistrict Court, E.D. Pennsylvania · 1973
4 more not listed; retrieve them via the Exa API.