Legal Opinion
Garnett B. Fortner v. R. P. Balkcom, Jr., Warden, Georgia State Prison
Court of Appeals for the Fifth Circuit
Decided July 7, 1967No. 23537PublishedCited by 21 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
This is an appeal in forma pauperis from a denial of a writ of habeas corpus by the District Court for the Southern District of Georgia. We reverse and remand for a meaningful hearing on the petitioner’s allegations.
We are mindful of Judge Gewin’s admonition that “once fairly tried and convicted, prisoners should not be allowed to crowd the courts with continuous, repetitious and frivolous hearings to the extent that such proceedings become the chief business of the Judiciary.” Allison v. Holman, 5 Cir. 1963, 326 F.2d 294, 298. But the ancient and hallowed writ calls…
2Cases cited9 opinions
- Townsend v. SainSupreme Court of the United States · 1963
- Fay v. NoiaSupreme Court of the United States · 1963
- Jones v. HuffCourt of Appeals for the D.C. Circuit · 1945
- Edward Morgan MacKenna v. O. B. Ellis, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1959
- L. C. McGarrah v. A. L. Dutton, Warden, Georgia State Prison, Reidsville, GeorgiaCourt of Appeals for the Fifth Circuit · 1967
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Harris v. NelsonSupreme Court of the United States · 1969
- James D. Hodgson, Secretary of Labor, United States Department of Labor v. Brookhaven General HospitalCourt of Appeals for the Fifth Circuit · 1970
- George Moran v. Marvin HoganCourt of Appeals for the First Circuit · 1974
- Londell Brown and Warren E. Gilliam, Jr. v. Stanley R. Resor, as Secretary of the ArmyCourt of Appeals for the Fifth Circuit · 1969
- Jack Rothenberg and Shirley Rothenberg v. Security Management Company, Inc.Court of Appeals for the Eleventh Circuit · 1984
16 more not listed; retrieve them via the Exa API.