Legal Opinion
United States of America Ex Rel Leodis Smart, Relator-Appellant v. Frank J. Pate, Warden
Court of Appeals for the Seventh Circuit
Decided June 13, 1963No. 13737PublishedCited by 20 opinions
1Opinion of the Court
SCHNACKENBERG, Circuit Judge.
Pursuant to our grant of a certificate of probable cause, Leodis Smart, relator, has appealed from the district court’s order of April 16, 1962, which dismissed his application for a writ of habeas cor pus, on motion of respondent, Frank J. Pate, warden of the Illinois State Penitentiary (Stateville Branch), filed pursuant to 28 U.S.C.A. § 2254.
The brief of able counsel, appointed by this court to represent Smart, focuses our attention specifically on Smart’s allegation
“ * * * that because of the loss or destruction, without his fault, of a material portion of the…
2Cases cited5 opinions
- Griffin v. IllinoisSupreme Court of the United States · 1956
- Welch v. HenrySupreme Court of the United States · 1938
- Metropolis Theater Company, Plffs. In Err. v. City of Chicago and Ernest J. MagerstadtSupreme Court of the United States · 1913
- Norvell v. IllinoisSupreme Court of the United States · 1963
- The PEOPLE v. BermanIllinois Supreme Court · 1960
3Cited by20 opinions
- Aubrey Pate v. William C. Holman, Warden, Kilby Prison, AlabamaCourt of Appeals for the Fifth Circuit · 1965
- Ruetz v. StateIndiana Supreme Court · 1978
- Robert C. Bransford v. Robert Brown Dale FoltzCourt of Appeals for the Sixth Circuit · 1987
- State v. MyersNew Mexico Court of Appeals · 1975
- State v. JeffersonSupreme Court of Kansas · 1969
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