Legal Opinion

Clinton Henderson v. A. L. Dutton, Warden, Georgia State Prison

Court of Appeals for the Fifth Circuit

Decided July 24, 1968No. 24741PublishedCited by 15 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

Appellant Henderson seeks review of an order of the District Court denying, after an evidentiary hearing, his petition for a writ of habeas corpus. Since we conclude that further evidentiary hearings are needed, we conclude also that Appellant has failed to exhaust available State remedies under the new Georgia Habeas Corpus Act of 1967. 1 Thus we affirm but without prejudice to Appellant to present his contentions to the proper State court. 2

In January 1964 Appellant was arrested in Terrell County, Georgia, and charged with eight counts of forgery and two counts of…

2Cases cited14 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Townsend v. SainSupreme Court of the United States · 1963

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3Cited by15 opinions

  1. Austin Troy Simon v. Albert Woodson, Sheriff of Lamar County, TexasCourt of Appeals for the Fifth Circuit · 1972
  2. United States Ex Rel. Keating v. BensingerDistrict Court, N.D. Illinois · 1971
  3. Nick Montos v. S. Lamont Smith, Warden, Georgia State Prison, Reidsville, GeorgiaCourt of Appeals for the Fifth Circuit · 1969
  4. John Robert Welch v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968
  5. Julius Hairston v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1972

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