Legal Opinion
Denny Dean Shaw v. C. Murray Henderson, Warden, Louisiana State Penitentiary
Court of Appeals for the Fifth Circuit
Decided July 2, 1970No. 28652_1PublishedCited by 21 opinions
1Opinion of the Court
GEWIN, Circuit Judge:
The primary question raised on this appeal is whether Denny Dean Shaw was unconstitutionally denied the right to counsel in his Louisiana revocation of probation hearing. Shaw’s sole contention is that the Supreme Court’s decision in Mempa v. Rhay 1 2 extends the Sixth Amendment right to such hearings. We are in agreement with the vast majority of courts which have interpreted Mempa as not extending this right to probation revocation hearings unless sentencing occurs during the proceeding. 2
In 1965 Shaw was convicted in a Louisiana state court of burglary and given a five…
2Cases cited22 opinions
- Townsend v. BurkeSupreme Court of the United States · 1948
- Mempa v. RhaySupreme Court of the United States · 1967
- John Henry Hewett v. State of North Carolina, R. L. Turner, Warden, Central Prison, Jerry Ray Cassada v. State of North CarolinaCourt of Appeals for the Fourth Circuit · 1969
- Martin v. United StatesCourt of Appeals for the Fifth Circuit · 1950
- Manning v. United StatesCourt of Appeals for the Fifth Circuit · 1947
17 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States Ex Rel. John Bey v. Connecticut State Board of ParoleCourt of Appeals for the Second Circuit · 1971
- U. S. Ex Rel. Lombardino v. HeydDistrict Court, E.D. Louisiana · 1970
- United States v. James David RossCourt of Appeals for the Fifth Circuit · 1974
- United States v. Tollie JohnsonCourt of Appeals for the Fifth Circuit · 1972
- Ernest Jackson Cottle v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1973
16 more not listed; retrieve them via the Exa API.