Legal Opinion

Phillip Gordon v. United States

Court of Appeals for the Fifth Circuit

Decided November 4, 1954No. 15126PublishedCited by 15 opinions

1Opinion of the Court

TUTTLE, Circuit Judge.

This case comes here in an effort to extend to new lengths the principle enunciated by the Supreme Court in Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461, in which the court first authoritatively established the proposition that if an accused in a criminal trial “is not represented by counsel and has not competently and intelligently waived his constitutional right, the Sixth Amendment stands as a jurisdictional bar to a valid conviction and sentence depriving him of his life or his liberty.” 304 U.S. 458, 468, 58 S.Ct. 1024.

The appellant, Philip Gordon…

2Cases cited5 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. United States v. MorganSupreme Court of the United States · 1954
  3. People v. McCulloughNew York Court of Appeals · 1949
  4. Spaulding v. United StatesCourt of Appeals for the Sixth Circuit · 1946
  5. Tinkoff v. United StatesCourt of Appeals for the Seventh Circuit · 1942

3Cited by15 opinions

  1. James Bufford Farnsworth v. United StatesCourt of Appeals for the D.C. Circuit · 1956
  2. United States v. Robert Patrick MorganCourt of Appeals for the Second Circuit · 1955
  3. Howard v. StateMissouri Court of Appeals · 1973
  4. John E. Smith v. United StatesCourt of Appeals for the Fifth Circuit · 1958
  5. United States v. BakerDistrict Court, E.D. Arkansas · 1958

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