Legal Opinion

James Burston v. E. B. Caldwell, Warden, Georgia State Prison

Court of Appeals for the Fifth Circuit

Decided May 14, 1973No. 72-3053PublishedCited by 5 opinions

1Opinion of the Court

DYER, Circuit Judge:

In 1935, Burston and two other blacks were tried in the Superior Court of Fulton County, Georgia, on two counts of robbery and on one count of assault with intent to rob. Upon conviction, Burston was sentenced to 3 consecutive prison terms totaling 44 years: 12-20 years for robbery of $42.25, 3-4 years for the assault, and 20 years for robbery of $4.-30. After serving 20 months of his sentence, he escaped and remained at large for some 34 years, apparently leading a productive life. Burston was returned to Georgia custody in 1971, and subsequently filed a pro se habeas…

2Cases cited9 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Gratton Earl Moore v. United StatesCourt of Appeals for the Third Circuit · 1970
  3. Boyd v. DuttonSupreme Court of the United States · 1972
  4. Burston v. CaldwellSupreme Court of Georgia · 1972
  5. Jose Lujan v. United StatesCourt of Appeals for the Fifth Circuit · 1970

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. James Burston v. E. B. Caldwell, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1975
  2. Leonard W. Ferguson v. John S. Gathright, Superintendent Bland Correctional FarmCourt of Appeals for the Fourth Circuit · 1973
  3. United States Ex Rel. Mandrier v. HewittDistrict Court, W.D. Pennsylvania · 1976
  4. James Burston v. E. B. Caldwell, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1975
  5. Leonard W. Ferguson v. John S. Gathright, Superintendent Bland Correctional FarmCourt of Appeals for the Fourth Circuit · 1973

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