Legal Opinion
Donald Dee Collier v. W. J. Estelle, Jr., Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided January 31, 1974No. 73-1543PublishedCited by 24 opinions
1Opinion of the Court
GEWIN, Circuit Judge:
This 2253 appeal, 1 taken from an order denying a petition for a writ of habeas corpus, presents the question of whether appellant, Donald Collier, was denied his constitutional right to appeal by the failure of the state court to afford him appointed counsel on appeal. Critical to the resolution of this question is a subsidiary issue of whether appellant waived this right, irrespective of any dereliction on the part of the state. Since the district court refrained from addressing these questions, we vacate its order and remand for an evidentiary hearing to illuminate the…
2Cases cited22 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Fay v. NoiaSupreme Court of the United States · 1963
- Griffin v. IllinoisSupreme Court of the United States · 1956
- Douglas v. CaliforniaSupreme Court of the United States · 1963
17 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- 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
- State Ex Rel. Flores v. StateWisconsin Supreme Court · 1994
- James Albert Jones v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1978
- Louis Flanagan v. C. Murray HendersonCourt of Appeals for the Fifth Circuit · 1974
- Louis D. Lamberti v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1975
19 more not listed; retrieve them via the Exa API.