Shiflett v. Virginia
Court of Appeals for the Fourth Circuit
1Opinion of the Court
HAYNSWORTH, Chief Judge:
The question is whether our decision in Nelson v. Peyton, 4 Cir., 415 F.2d 1154 should be applied retroactively. A divided panel earlier held Nelson retroactive, affording the right to habeas corpus relief to any indigent prisoner who had not been fully advised by his attorney or the court of his right to appeal as an indigent and of the manner and time in which an appeal could be taken. 433 F.2d 124. On reconsideration en banc of the relevant criteria for determining the application of new constitutional standards, we conclude, to the contrary, that Nelson’s…
Also in this document: Dissent.
2Cases cited42 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Coppedge v. United StatesSupreme Court of the United States · 1962
- Johnson v. ZerbstSupreme Court of the United States · 1938
- United States v. WadeSupreme Court of the United States · 1967
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3Cited by10 opinions
- William C. Shiflett v. Commonwealth of Virginia, and C. C. Peyton, Superintendent of the Virginia State Penitentiary, John Henry Love v. Commonwealth of Virginia, Orrillion D. James v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1971
- Lexington S. Lamb v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1982
- Jimmy Ray Bonds, Appellant-Petitioner v. Louie L. Wainwright, Secretary, Department of Offender Rehabilitation, Appellee-RespondentCourt of Appeals for the Fifth Circuit · 1978
- Jimmy Ray Bonds v. Louis L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1978
- Johnson v. State of MarylandDistrict Court, D. Maryland · 1976
5 more not listed; retrieve them via the Exa API.