Legal Opinion
William Essex, Jr. v. M. J. Elliott
Court of Appeals for the Fifth Circuit
Decided March 21, 1972No. 72-1091PublishedCited by 3 opinions
1Per curiam
This is before us on application for appointment of counsel. We need not reach this since the case obviously must be remanded. Without holding an evidentiary hearing and relying solely on the scanty state court record before it, the District Court denied Appellant’s petition for writ of habeas corpus on the ground that he had intentionally bypassed State post-conviction remedies. In the light of that record as well as the Federal Court record, the Court’s failure to hold an evidentiary hearing on this issue is clearly contrary to our recent decisions in Bonaparte v. Smith, 5 Cir., 1971, 448…
2Cases cited4 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- Joseph Bonaparte v. S. Lamont Smith, Warden, Georgia State Prison, Reidsville, Ga.Court of Appeals for the Fifth Circuit · 1971
- William R. Johnson v. S. Lamont Smith, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1971
- John L. Calhoun v. S. Lamont Smith, Warden, Georgia State Prison, Reidsville, Ga., No. 71-1469 Summary Calendar. (1) Rule 18, 5th Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5th Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1971
3Cited by3 opinions
- Carl Eugene Bowman v. Louie L. WainwrightCourt of Appeals for the Fifth Circuit · 1972
- Bailey v. AlabamaCourt of Appeals for the Fifth Circuit · 1975
- Hiram B. Bailey v. State of Alabama, No. 74-2104 Summary Calendar. Rule 18, 5 Cir., Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5 Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1975