Legal Opinion
Billy Sunday Birt v. Charles N. Montgomery, Warden, Georgia State Prison
Court of Appeals for the Eleventh Circuit
Decided July 11, 1983No. 82-8156PublishedCited by 12 opinions
1Opinion of the Court
HATCHETT, Circuit Judge:
Billy Sunday Birt, a state prisoner, appeals the denial of his federal habeas corpus petition challenging state convictions for murder, armed robbery, and burglary. Birt contends that he was denied the right to counsel of his choice as guaranteed by the sixth and fourteenth amendments. Because the factfinding procedure employed by the state habeas corpus court did not afford a full and fair hearing on this contention, we vacate the denial of Birt’s petition and remand to the district court for further proceedings consistent with this opinion.
I. Procedural History 1
On…
2Cases cited44 opinions
- United States v. FradySupreme Court of the United States · 1982
- Powell v. AlabamaSupreme Court of the United States · 1932
- Cuyler v. SullivanSupreme Court of the United States · 1980
- Townsend v. SainSupreme Court of the United States · 1963
- Taylor v. LouisianaSupreme Court of the United States · 1975
39 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sheldon Sanders v. John Ratelle, Warden Daniel E. Lungren, Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1994
- Daniels v. WoodfordCourt of Appeals for the Ninth Circuit · 2005
- Billy Sunday Birt v. Charles N. Montgomery, Warden, Georgia State PrisonCourt of Appeals for the Eleventh Circuit · 1984
- James Lee Spencer v. Walter D. Zant, Superintendent, Georgia Diagnostic & Classification CenterCourt of Appeals for the Eleventh Circuit · 1983
- Wilburn Dobbs, Cross-Appellee v. Ralph Kemp, Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1986
7 more not listed; retrieve them via the Exa API.