Legal Opinion
Elmer Davis, Jr. v. State of North Carolina
Court of Appeals for the Fourth Circuit
Decided November 7, 1962No. 8453_1PublishedCited by 25 opinions
1Opinion of the Court
SOBELOFF, Chief Judge.
No task is more unwelcome to a federal court than that of determining whether a constitutional infirmity exists in a particular state criminal proceeding. However, when an issue of federal law is raised in a state trial, it may later become our duty to undertake such a review. The question in the present case is whether the District Court erred in dismissing a petition for a writ of habeas corpus filed by a state prisoner without conducting a hearing.
On December 18, 1959, the Superior Court of Mecklenburg County, North Carolina, sentenced Elmer Davis, Jr., to death in…
2Cases cited21 opinions
- Brown v. AllenSupreme Court of the United States · 1953
- McNabb v. United StatesSupreme Court of the United States · 1943
- Culombe v. ConnecticutSupreme Court of the United States · 1961
- Rogers v. RichmondSupreme Court of the United States · 1961
- Blackburn v. AlabamaSupreme Court of the United States · 1960
16 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Davis v. North CarolinaSupreme Court of the United States · 1966
- Elmer Davis, Jr. v. State of North CarolinaCourt of Appeals for the Fourth Circuit · 1964
- Clyde Raymond Near v. W. K. Cunningham, Jr., Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1963
- Chester L. Edgerton v. State of North CarolinaCourt of Appeals for the Fourth Circuit · 1963
- Jesse Garfield Patton v. State of North CarolinaCourt of Appeals for the Fourth Circuit · 1963
20 more not listed; retrieve them via the Exa API.