Legal Opinion

Curtis J. Hurt v. R. P. Balkcom, Jr., Warden, Georgia State Prison, Reidsville, Georgia

Court of Appeals for the Fifth Circuit

Decided June 28, 1955No. 15507_1PublishedCited by 1 opinion

1Per curiam

Appealing from an order denying his petition for habeas corpus, petitioner presents a single question for our decision. This is whether, in a prior habeas corpus proceeding testing the legality of his detention by the Warden of the Georgia State Prison at Reidsville, the refusal of a Georgia State Court to appoint counsel for him was a denial of due process.

The claim below was, and here is, that while ordinarily the court is not obligated to furnish an applicant for habeas corpus with counsel, under the allegations in this case that applicant had not been convicted by a court but had been…

2Cases cited12 opinions

  1. Brown v. AllenSupreme Court of the United States · 1953
  2. Palko v. ConnecticutSupreme Court of the United States · 1937
  3. Price v. JohnstonSupreme Court of the United States · 1948
  4. Frisbie v. CollinsSupreme Court of the United States · 1952
  5. Carlson v. LandonSupreme Court of the United States · 1952

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3Cited by1 opinion

  1. United States ex rel. DeClara v. JohnsonDistrict Court, E.D. New York · 1969

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