Legal Opinion

Berald Herlin Andry v. C. Murray Henderson, Warden, and the State of Louisiana

Court of Appeals for the Fifth Circuit

Decided July 6, 1970No. 28897PublishedCited by 9 opinions

1Per curiam

On this appeal from the denial of a writ of habeas corpus Berald Herlin Andry raises two issues: (1) certain of the evidence admitted to convict him was obtained through an illegal search and should have been excluded; (2) he was denied effective assistance of counsel for his defense. 1 Under the prior holdings of this court when Andry’s court-appointed counsel failed to advise him of his right to appeal or to obtain his informed consent to forego this right, he thereby rendered his representation of Andry ineffective as a matter of law. We reverse on that ground. Because of our action on…

2Cases cited6 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. Mempa v. RhaySupreme Court of the United States · 1967
  3. Louie L. Wainwright, Director, Division of Corrections, State of Florida v. Clarence SimpsonCourt of Appeals for the Fifth Circuit · 1966
  4. John J. Breen v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1970
  5. Johnnie Thomas v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1970

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Longmire v. StateSupreme Court of Alabama · 1982
  2. Ex Parte VestalCourt of Criminal Appeals of Texas · 1971
  3. Nathaniel Daniels v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1973
  4. Cleo Gregory v. United StatesCourt of Appeals for the Fifth Circuit · 1971
  5. Andrew Rought v. C. Murray Henderson, WardenCourt of Appeals for the Fifth Circuit · 1971

4 more not listed; retrieve them via the Exa API.

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