Legal Opinion
Nathan Bean v. Louie L. Wainwright, Director, Division of Corrections, State of Florida
Court of Appeals for the Fifth Circuit
Decided February 4, 1971No. 30620_1PublishedCited by 5 opinions
1Per curiam
This appeal is from the district court’s denial of the appellant’s petition for a writ of habeas corpus. We dismiss the appeal as having been untimely instituted.
By order filed April 22, 1970, the district court denied habeas relief; and on May 25, 1970, the appellant’s motion for rehearing was similarly denied. The record before this Court discloses that the court below received no notice of appeal or any document which might reasonably be construed as such until the July 29, 1970 receipt of the appellant’s motion for a certificate of probable cause, which was granted on August 12, 1970.
Since…
2Cases cited3 opinions
- Heman Lee Allen v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1967
- O'Bryan v. BattistiSupreme Court of the United States · 1970
- David Lawrence v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1970
3Cited by5 opinions
- Hardy Jackson v. Sheriff Bill DeckerCourt of Appeals for the Fifth Circuit · 1971
- Sylvester Tribbitt v. Louie L. WainwrightCourt of Appeals for the Fifth Circuit · 1972
- James H. Dunn v. C. Murray Henderson, Warden, Louisiana State Penitentiary, Respondent- No. 71-2175 Summary Calendar. (1) Rule 18, 5 Cir., Isbell Enterprises, Inc. v. Citizens Casualty Company of New York, 5 Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1971
- James H. Dunn v. C. Murray Henderson, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1971
- Willie Lee Johnson, Alias Will Johnson, No. 18914-149 v. United StatesCourt of Appeals for the Fifth Circuit · 1973