Legal Opinion
Melvin McKenzie v. Louie L. Wainwright, Secretary of the Department of Corrections
Court of Appeals for the Fifth Circuit
Decided December 11, 1980No. 80-5022PublishedCited by 21 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge.
Appellant Melvin McKenzie appeals from the district court’s denial of his petition for habeas corpus without affording him an evidentiary hearing. The issue before us is whether appellant, who alleges in his habeas petition that his plea bargain was dishonored, is entitled to such a hearing under Blackledge v. Allison, 431 U.S. 63, 97 S.Ct. 1621, 52 L.Ed.2d 136 (1977). We decide that under the circumstances of this case he is not.
McKenzie was indicted for first-degree murder in the Eleventh Judicial Circuit of Dade County, Florida. Defense counsel informed him,…
2Cases cited8 opinions
- Brady v. United StatesSupreme Court of the United States · 1970
- Blackledge v. AllisonSupreme Court of the United States · 1977
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- New Jersey v. General Motors Corp.Supreme Court of the United States · 1974
- Richard Henry Bryan v. United StatesCourt of Appeals for the Fifth Circuit · 1974
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. Gavin Roderick White, A/K/A Joe WhiteCourt of Appeals for the Fourth Circuit · 2004
- Jack Howard Potts v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Jack Howard Potts v. Sam AustinCourt of Appeals for the Fifth Circuit · 1981
- Montoya v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
- Daniel v. CockrellCourt of Appeals for the Fifth Circuit · 2002
- United States v. Edward Lee CatesCourt of Appeals for the Fifth Circuit · 1992
16 more not listed; retrieve them via the Exa API.