Legal Opinion
Lewis Woodard Larson v. United States
Court of Appeals for the Fifth Circuit
Decided February 29, 1960No. 17942_1PublishedCited by 44 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
The question for decision is whether, in the circumstances of this case, a collateral attack on an unappealed judgment of conviction may be made under Section 2255, Title 28. The prisoner gives no reason for failing to appeal and it appears that his failure to appeal, his decision not to move for a change of venue, and his withdrawal of a motion for a new trial were all part of considered strategy not to jeopardize his life by running the risk of a new trial. We hold that the prisoner may not now substitute a proceeding under Section 2255 for the orderly appellate…
2Cases cited28 opinions
- Brown v. AllenSupreme Court of the United States · 1953
- Adams v. United States Ex Rel. McCannSupreme Court of the United States · 1943
- United States v. MorganSupreme Court of the United States · 1954
- United States v. HaymanSupreme Court of the United States · 1952
- Darr v. BurfordSupreme Court of the United States · 1950
23 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Hill v. United StatesSupreme Court of the United States · 1962
- Edward Morgan MacKenna v. O. B. Ellis, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1960
- Raymond L. Buckelew and James Laney Jenkins v. United States of America, Judson Lee Drane v. United StatesCourt of Appeals for the Fifth Circuit · 1978
- Benjamin George Tucker v. United StatesCourt of Appeals for the Eighth Circuit · 1967
- Henry Franklin Boruff v. United StatesCourt of Appeals for the Fifth Circuit · 1962
39 more not listed; retrieve them via the Exa API.