Legal Opinion
United States ex rel. Tucker v. Donovan
Court of Appeals for the Second Circuit
Decided July 29, 1963No. 406, Docket 28256PublishedCited by 22 opinions
1Opinion of the Court
LUMBARD, Chief Judge.
This appeal raises the question whether a federal court in an asylum state may entertain an application for a writ of habeas corpus challenging detention by the asylum state on a warrant of extradition on the allegation that the conviction in the demanding state was obtained in violation of the applicant’s constitutional rights — here lack of counsel at trial. We affirm the district court’s dismissal of the writ.
Tucker was convicted on May 10, 1960, in the Recorder’s Court of Cumberland County, North Carolina, on charges of drunkenness and assault upon a police officer.1…
2Cases cited6 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Sweeney v. WoodallSupreme Court of the United States · 1953
- United States of America Ex Rel. Oliver S. Smith v. J. Vernal Jackson, Warden of Clinton PrisonCourt of Appeals for the Second Circuit · 1956
- People ex rel. Reid v. RuthazerAppellate Division of the Supreme Court of the State of New York · 1957
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States Ex Rel. Anthony Vitiello v. Walter J. Flood, Warden of the Nassau County JailCourt of Appeals for the Second Circuit · 1967
- Ernest Whippler v. R. P. Balkcom, Jr., Warden, Georgia, State Prison, Reidsville, Tattnall County, GeorgiaCourt of Appeals for the Fifth Circuit · 1965
- Kostic v. SmedleyAlaska Supreme Court · 1974
- Eugene Howard Woods v. Alwynn J. Cronvich, SheriffCourt of Appeals for the Fifth Circuit · 1968
- Salvail v. SharkeySupreme Court of Rhode Island · 1970
17 more not listed; retrieve them via the Exa API.