Legal Opinion
United States of America Ex Rel. Oliver S. Smith v. J. Vernal Jackson, Warden of Clinton Prison
Court of Appeals for the Second Circuit
Decided June 28, 1956No. 23823_1PublishedCited by 37 opinions
1Opinion of the Court
LUMBARD, Circuit Judge.
Oliver Smith’s petition raises the question whether, while imprisoned by the State of New York as a second felony offender, he is entitled to a federal court hearing on serious charges that his first felony conviction in Virginia was obtained in violation of his constitutional rights, although he escaped and became a fugitive from Virginia justice shortly after conviction and Virginia will not listen to him until he is able to appear there.. The District Judge has granted a certificate of probable cause stating that his decision denying the petition without a hearing…
2Cases cited18 opinions
- Powell v. AlabamaSupreme Court of the United States · 1932
- Brown v. AllenSupreme Court of the United States · 1953
- United States v. MorganSupreme Court of the United States · 1954
- Township of Hillsborough v. CromwellSupreme Court of the United States · 1946
- Williams v. KaiserSupreme Court of the United States · 1945
13 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Paul Ashley, AKA Walter Paul Foster v. The State of WashingtonCourt of Appeals for the Ninth Circuit · 1968
- Albert H. Carter v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1982
- United States of America Ex Rel. Augustine Bagley v. Honorable J. E. Lavallee, as Warden of Clinton State Prison, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1964
- United States Ex Rel. James J. Savini v. J. Vernal Jackson, Warden, Clinton Prison, Dannemora, N. Y.Court of Appeals for the Second Circuit · 1957
- Ernest Whippler v. R. P. Balkcom, Jr., Warden, Georgia, State Prison, Reidsville, Tattnall County, GeorgiaCourt of Appeals for the Fifth Circuit · 1965
32 more not listed; retrieve them via the Exa API.