Legal Opinion
Early Lowe v. State of Alabama
Court of Appeals for the Fifth Circuit
Decided November 13, 1973No. 73-3605PublishedCited by 3 opinions
1Per curiam
Petitioner’s pro se applications for a certificate of probable cause, and for leave to appeal in forma pauperis are granted, and the appeal is docketed.
This state prisoner’s habeas petition alleges a number of constitutional defects in his arrest, indictment, trial and conviction the nature of which are such that examination of the state trial record, examination of the record of the evi-dentiary hearing in petitioner’s state ha-beas action, or an evidentiary hearing in the District Court would be appropriate. See Smith v. Beto, 467 F.2d 1374, 1375 (CA5 1972); Gerzin v. Beto, 459 F.2d 671…
2Cases cited3 opinions
- Townsend v. SainSupreme Court of the United States · 1963
- Richard Gerzin v. Dr. George J. BetoCourt of Appeals for the Fifth Circuit · 1972
- Lynnwell Smith v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1972
3Cited by3 opinions
- Grech v. WainwrightCourt of Appeals for the Fifth Circuit · 1974
- Eugene Anderson v. State of TexasCourt of Appeals for the Fifth Circuit · 1975
- Salvatore Charles Grech v. Louie L. Wainwright, Director of Corrections, State of Florida, Respondent- No. 73-3375 Summary Calendar. Rule 18, 5th Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5th Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1974