Legal Opinion

George v. Arlen v. Charles R. Hagan, Warden, United States Penitentiary, Lewisburg, Pennsylvania

Court of Appeals for the Third Circuit

Decided June 15, 1959No. 12883PublishedCited by 1 opinion

1Per curiam

The petitioner-appellant is in prison by reason of a federal sentence. See United States v. Arlen, 2 Cir., 1958, 252 F.2d 491. He asserts that he was forced to trial in the United States District Court in the Western District of New York without the aid and advice of counsel and therefore he was denied the right to effective assistance by counsel as guaranteed by the Sixth Amendment. This assertion was passed on in United States v. Arlen, supra. It is well established that any collateral attack upon a judgment of conviction under these circumstances must be made by motion under 28 U.S.C. §…

2Cases cited3 opinions

  1. United States v. HaymanSupreme Court of the United States · 1952
  2. United States v. George v. ArlenCourt of Appeals for the Second Circuit · 1958
  3. United States Ex Rel. Josey v. HumphreyCourt of Appeals for the Third Circuit · 1954

3Cited by1 opinion

  1. Albert Andrews v. John T. Willingham, Warden, United States Penitentiary, Lewisburg, PaCourt of Appeals for the Third Circuit · 1961

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