Legal Opinion

Richard Nell v. United States of America, United States of America v. Richard Nell, in the Matter of John F. Wood, Jr.

Court of Appeals for the Fourth Circuit

Decided November 30, 1971No. 15423, 71-1085PublishedCited by 7 opinions

1Opinion of the Court

HAYNSWORTH, Chief Judge:

No. 15,423 is an appeal from an order of the district court vacating and rescinding its prior order of September 21, 1970. The September 21 order voided the conviction and sentence of Richard Nell on March 4, 1932, on the ground that Nell was not then represented by counsel and did not then effectively waive his right to such representation. The district court’s decision turned on misrepresentations of fact made by appellant, Nell, and his attorneys, which were material to the decision in the September 21 order. The district court also found Varón, Nell’s Florida…

2Cases cited3 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Mayberry v. PennsylvaniaSupreme Court of the United States · 1971
  3. Johnson v. MississippiSupreme Court of the United States · 1971

3Cited by7 opinions

  1. United States v. LentzCourt of Appeals for the Fourth Circuit · 2004
  2. Smith v. McGriffDistrict Court, M.D. Alabama · 1976
  3. State v. DostertWest Virginia Supreme Court · 1983
  4. U. S. Trustee v. Darren DelafieldCourt of Appeals for the Fourth Circuit · 2023
  5. In re: Jason RheinsteinCourt of Appeals for the Fourth Circuit · 2023

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