Legal Opinion

Leon G. Schack v. Edward W. Starr, Special Assistant Public Defender

Court of Appeals for the Fifth Circuit

Decided April 1, 1971No. 30819PublishedCited by 1 opinion

1Per curiam

Leon G. Schack has appealed from the district court’s dismissal with prejudice of his Civil Rights Act 1 damage suit against his former court-appointed counsel in state criminal proceedings. We affirm the ruling below.

The district court held a pre-trial evidentiary hearing at which only one witness was called, Appellee Starr. The appellant did not testify nor offer any other evidence in support of his contentions.

The gist of appellant’s complaint is that Attorney Starr unconscionably delayed final adjudication of his direct criminal appeals by failing to timely file the briefs. The appeals…

2Cases cited4 opinions

  1. Thomas U. Mulligan v. Detective Schlachter, Sergeant Ware, Lieutenant Morin, and Benjamin J. SafirCourt of Appeals for the Sixth Circuit · 1968
  2. Vance v. RobinsonDistrict Court, W.D. North Carolina · 1968
  3. Schack v. StateDistrict Court of Appeal of Florida · 1967
  4. Schack v. StateDistrict Court of Appeal of Florida · 1967

3Cited by1 opinion

  1. Leon G. Schack v. Edward W. Starr, Special Assistant Public Defender, No. 30819 Summary Calendar. Rule 18, 5th Cir. See Isbell Enterprises, Inc v. Citizens Casualty Co. Of New York, 5th Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1971

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