Legal Opinion
Wesley Austin v. Harold R. Swenson, Warden, Missouri State Penitentiary
Court of Appeals for the Eighth Circuit
Decided September 19, 1975No. 75-1362PublishedCited by 18 opinions
1Opinion of the Court
WEBSTER, Circuit Judge.
Wesley Austin appeals from the order of the District Court dismissing without prejudice his habeas corpus petition upon the ground of non-exhaustion of state remedies.
In his petition, petitioner contended that he was denied due process by the manner in which he was tried and convicted. We consider here only petitioner’s claim that the state prosecution withheld material evidence favorable to him as a defendant. 1 See Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963); Evans v. Janing, 489 F.2d 470 (8th Cir. 1973).
Austin was tried and convicted in the…
2Cases cited12 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Townsend v. SainSupreme Court of the United States · 1963
- Brown v. AllenSupreme Court of the United States · 1953
- WILWORDING Et Al. v. SWENSON, WARDENSupreme Court of the United States · 1971
- Giles v. MarylandSupreme Court of the United States · 1967
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Kenneth Hawkman v. Robert Parratt, Warden, Nebraska Penal and Correctional ComplexCourt of Appeals for the Eighth Circuit · 1981
- Michael Lenza v. Donald W. Wyrick, Warden Attorney General of the State of MissouriCourt of Appeals for the Eighth Circuit · 1981
- Haefeli v. ChernoffCourt of Appeals for the Fifth Circuit · 1975
- Ellis Eaton, Jr. v. Donald W. Wyrick, Warden, Missouri State Penitentiary, Jefferson City, MissouriCourt of Appeals for the Eighth Circuit · 1975
- Edwin Edgar Jones v. Norman Hess and the State of OklahomaCourt of Appeals for the Tenth Circuit · 1982
13 more not listed; retrieve them via the Exa API.