Legal Opinion

Johnny Harris v. Harry J. Wilters, Jr., Individually and as Circuit Judge of the Twenty-Eighth Judicial Circuit, Baldwin County, Alabama

Court of Appeals for the Eighth Circuit

Decided June 8, 1979No. 78-2706PublishedCited by 18 opinions

1Per curiam

The issue presented for review is quite narrow: Did the trial court abuse its discre tion in denying appellant’s motion for a mandatory preliminary injunction ordering the state to provide appellant with funds to prosecute a coram nobis proceeding in state court? We hold that the trial court did not abuse its discretion. It is necessary to relate the somewhat complicated procedural history of this case in order to facilitate an understanding of this opinion. Appellant, a black indigent Alabama prisoner, was sentenced to five life sentences in 1971, pursuant to guilty pleas entered on one…

2Cases cited4 opinions

  1. Samuel Gibson, III v. George L. Jackson, Individually and as Superior Court Judge of Jones County, GeorgiaCourt of Appeals for the Fifth Circuit · 1978
  2. Harris v. StateSupreme Court of Alabama · 1977
  3. Exhibitors Poster Exchange, Inc. v. National Screen Service Corp.Court of Appeals for the Fifth Circuit · 1971
  4. David R. Ruiz, United States of America, Plaintiff-Intervenor-Appellee v. W. J. Estelle, Jr., DirectorCourt of Appeals for the Fifth Circuit · 1977

3Cited by18 opinions

  1. Monahan v. State of Neb.District Court, D. Nebraska · 1980
  2. Dillard v. Crenshaw CountyDistrict Court, M.D. Alabama · 1986
  3. Richard Tate v. American Tugs, Inc. And Underwriters at Lloyd's of London, DefendantsCourt of Appeals for the Fifth Circuit · 1981
  4. Cable Holdings of Battlefield, Inc. v. CookeCourt of Appeals for the Eleventh Circuit · 1985
  5. Mercedes-Benz U.S. International, Inc. v. Cobasys, LLCDistrict Court, N.D. Alabama · 2009

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