Legal Opinion
United States of America Ex Rel. Henry McNair 48970 v. State of New Jersey
Court of Appeals for the Third Circuit
Decided March 5, 1974No. 73-1576PublishedCited by 18 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
This appeal presents the question of whether it was proper to grant a writ of habeas corpus to a state petitioner, without a hearing, solely on the basis of the state record which is inadequate in several crucial respects. We conclude that the district court erred in so doing and that it should have afforded the state an opportunity to request an evidentiary hearing.
Petitioner was convicted by the state courts of New Jersey of the offense of possession of heroin. His chief defense was that approximately one thousand packets of narcotics had been seized…
2Cases cited5 opinions
- Townsend v. SainSupreme Court of the United States · 1963
- United States of America Ex Rel. Edward Mitchell, Relator-Appellee v. Hon. Harold Follette, Warden, Green Haven Prison, Stormville, New YorkCourt of Appeals for the Second Circuit · 1966
- United States of America Ex Rel. John J. Molloy, Relator-Appellant v. Harold W. Follette, Warden of Green Haven Prison, Stormville, New YorkCourt of Appeals for the Second Circuit · 1968
- Louis A. Heyd, Jr., Sheriff, Parish of Orleans, Louisiana v. Robert L. Brown and William J. HadrickCourt of Appeals for the Fifth Circuit · 1969
- State v. McNairSupreme Court of New Jersey · 1972
3Cited by18 opinions
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- Joseph Thomas v. Walter D. Zant, Warden, Georgia Diagnostic and Classification CenterCourt of Appeals for the Eleventh Circuit · 1983
- James W. Willett v. State of GeorgiaCourt of Appeals for the Fifth Circuit · 1979
- Smith v. FreemanCourt of Appeals for the Third Circuit · 1989
- John Keller v. George Petsock, Warden Attorney General of Commonwealth of Pennsylvania District Attorney, Allegheny County. Appeal of John KellerCourt of Appeals for the Third Circuit · 1988
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