Legal Opinion
Buster O'Neal v. S. Lamont Smith, Warden, Georgia State Prison
Court of Appeals for the Fifth Circuit
Decided July 7, 1969No. 27544PublishedCited by 11 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
O’Neal is appealing from the district court’s denial of his petition for the writ of habeas corpus without first holding an evidentiary hearing.
This case comes before us on his petition for the appointment of counsel on appeal. Since we think that the record clearly upholds the prisoner’s right to a full evidentiary hearing below, we have chosen to deal with the merits of the case now. Sullens v. United States, 5 Cir. 1969, 409 F.2d 545; Juelich v. United States, 5 Cir. 1963, 316 F.2d 726; Murray v. Florida, 5 Cir. 1969, 410 F.2d 393.
The record of the court below…
2Cases cited7 opinions
- Townsend v. SainSupreme Court of the United States · 1963
- Dean Rene Peters v. Jack T. Rutledge, Sheriff and Jailer of Muscogee County, GeorgiaCourt of Appeals for the Fifth Circuit · 1968
- Benton C. Sullens v. United StatesCourt of Appeals for the Fifth Circuit · 1969
- Herbert E. Juelich v. United StatesCourt of Appeals for the Fifth Circuit · 1963
- Leroy Jones v. S. Lamont Smith, Warden, Georgia State Prison, Reidsville, GeorgiaCourt of Appeals for the Fifth Circuit · 1969
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Robert v. Bruce v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1973
- Bert Leroy Hunter v. Harold R. Swenson, WardenCourt of Appeals for the Eighth Circuit · 1971
- Lee Lane, Pmb 60120 v. C. Murray Henderson, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1973
- Buster O'Neal v. S. Lamont Smith, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1970
- Earl Mitchell v. C. Murray Henderson, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1970
6 more not listed; retrieve them via the Exa API.