Legal Opinion
Johnny Ray Smith v. United States
Court of Appeals for the Fifth Circuit
Decided June 21, 1955No. 15295PublishedCited by 46 opinions
1Opinion of the Court
RIVES, Circuit Judge.
This appeal is from an order declining to entertain a second motion for relief under Title 28 U.S.C.A. § 2255. It is settled in this Circuit that the disposition of such a second or successive motion for relief depends upon the sound judicial discretion of the district court subject to review on appeal for abuse of discretion. Hallowell v. United States, 5 Cir., 197 F.2d 926, 928; see also Bar rett v. Hunter, 10 Cir., 180 F.2d 510, 514, 515, 20 A.L.R.2d 965.
The material averments of the second motion are as follows:
“One — Petitioner had been seriously injured before and…
2Cases cited13 opinions
- Williams v. New YorkSupreme Court of the United States · 1949
- Townsend v. BurkeSupreme Court of the United States · 1948
- United States v. HaymanSupreme Court of the United States · 1952
- Walker v. JohnstonSupreme Court of the United States · 1941
- United States v. RosenbergCourt of Appeals for the Second Circuit · 1952
8 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Smith v. United StatesSupreme Court of the United States · 1959
- Walter Sanders v. James E. Sullivan and Robert Abrams, the Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 1988
- Robert Louis Porter v. United StatesCourt of Appeals for the Fifth Circuit · 1962
- State v. PopeSupreme Court of North Carolina · 1962
- United States v. Eliseo Espinoza, Jr.Court of Appeals for the Fifth Circuit · 1973
41 more not listed; retrieve them via the Exa API.