Legal Opinion
John Henley v. O. B. Ellis, General Manager, Texas Prison System
Court of Appeals for the Fifth Circuit
Decided January 6, 1956No. 15695PublishedCited by 2 opinions
1Opinion of the Court
RIVES, Circuit Judge.
When this habeas corpus proceeding was here on former appeal, we held that:
“in some way, by the granting of the writ, the issuance of a show cause order, or otherwise, the petitioner should have the opportunity of developing a record upon which his rights may be intelligently and certainly determined and reviewed.” Henley v. Moore, 5 Cir., 218 F.2d 589, 590.
On remand, the district court declined to grant the writ or a show cause order, but did develop a record that permits of intelligent review. The district judge, on further appeal, having refused to issue a certificate…
2Cases cited16 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Brown v. AllenSupreme Court of the United States · 1953
- Betts v. BradySupreme Court of the United States · 1942
- Malinski v. New YorkSupreme Court of the United States · 1945
- Uveges v. PennsylvaniaSupreme Court of the United States · 1948
11 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Robert Webster v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1974
- In re EllisorDistrict Court, S.D. Texas · 1956