Legal Opinion · Concurrence

Johnny Honeycutt v. Benjamin Ward, Commissioner of Corrections for the State of New York

Court of Appeals for the Second Circuit

Decided November 5, 1979No. 1149, Docket 79-2050Published

1ConcurrenceFriendly, Circuit Judge

It has long “been recognized that the lapse of time affects the quantum of required proof as well as the good faith and credibility of the moving party,” Dean v. North Carolina, 269 F.Supp. 986, 992 (M.D. N.C.1967). As the Court of Appeals for the District of Columbia noted, “[w]hile lapse of time alone may not warrant denial of the issuance of the writ, it is certainly true that one who attacks the validity of his plea so long after the proceedings in the District Court must carry a heavy burden if he is to overcome the regularity of his conviction,” Pasley v. Overhosler, 108 U.S.App.D.C.…

2Cases cited5 opinions

  1. Rayburn M. Pasley v. Dr. Winfred Overholser, Superintendent, St. Elizabeths HospitalCourt of Appeals for the D.C. Circuit · 1960
  2. Donald Barnes Bradley v. Henry E. Cowan, Warden, Kentucky State PenitentiaryCourt of Appeals for the Sixth Circuit · 1974
  3. Dean v. State of North CarolinaDistrict Court, M.D. North Carolina · 1967
  4. Phillips v. BlackDistrict Court, E.D. Kentucky · 1973
  5. Phillips v. BlackCourt of Appeals for the Sixth Circuit · 1974

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