Legal Opinion · Dissent

Haywood Williams, Jr. v. Elliot L. Richardson, Etc.

Court of Appeals for the Eighth Circuit

Decided June 29, 1973No. 72-1534Published

1DissentMehaffy, Circuit Judge

As I understand it, the narrow holding of the majority’s opinion is that a petition in federal court for habeas corpus may, under appropriate circumstances, be pursued as a class action. I have no significant disagreement with this holding as an abstract principle. I do not believe, however, that the principle stated above supports the result reached by the majority; nor do I feel that the majority’s opinion discusses the question of class action habeas petitions in sufficient detail to afford the district court a reasonable indication of its duty on remand. For these reasons I must…

2Cases cited11 opinions

  1. Argersinger v. HamlinSupreme Court of the United States · 1972
  2. Harris v. NelsonSupreme Court of the United States · 1969
  3. Edward Allen Mead v. Jacob J. Parker, WardenCourt of Appeals for the Ninth Circuit · 1972
  4. Hill v. NelsonDistrict Court, N.D. California · 1967
  5. Adderly v. WainwrightDistrict Court, M.D. Florida · 1968

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