Legal Opinion
Henry Lewis Montgomery v. Joseph S. Hopper, Warden, Georgia State Prison, Reidsville, Ga.
Court of Appeals for the Fifth Circuit
Decided December 13, 1973No. 73-1886PublishedCited by 19 opinions
1Opinion of the Court
CLARK, Circuit Judge:
When this same habeas corpus case was here before (457 F.2d 767), we vacated the district court’s action in dismissing on the pro se petition alone and remanded for a hearing. In enumerating various matters which the trial court might consider, we said:
It does not appear that this denial was appealed to the Georgia Supreme Court. However, whether such an appeal was taken, and if not, whether it was deliberately bypassed, are issues that must be confronted initially by the district court. [457 F.2d at 768]
We likewise set out other procedural matters which were open for…
2Cases cited4 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- Harris Percy Wynn v. Samuel L. Smith, Warden, Georgia State Prison, Reidsville, Ga.Court of Appeals for the Fifth Circuit · 1971
- William R. Johnson v. S. Lamont Smith, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1971
- Henry Lewis Montgomery v. E. B. Caldwell, Etc.Court of Appeals for the Fifth Circuit · 1972
3Cited by19 opinions
- Raymond L. Buckelew and James Laney Jenkins v. United States of America, Judson Lee Drane v. United StatesCourt of Appeals for the Fifth Circuit · 1978
- Joseph Thomas v. Walter D. Zant, Warden, Georgia Diagnostic and Classification CenterCourt of Appeals for the Eleventh Circuit · 1983
- Richard T. Dorman v. Louie L. Wainwright, Etc.Court of Appeals for the Eleventh Circuit · 1986
- Jack Howard Potts v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Jack Howard Potts v. Sam AustinCourt of Appeals for the Fifth Circuit · 1981
- Van Roosevelt Solomon v. Ralph Kemp, Warden, Georgia Diagnostic & Classification CenterCourt of Appeals for the Eleventh Circuit · 1984
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