Legal Opinion
Richard Ellman Strahan v. Frank Blackburn, Warden, Louisiana State Penitentiary William J. Guste, Jr., Attorney General, State of Louisiana
Court of Appeals for the Fifth Circuit
Decided January 14, 1985No. 83-3512PublishedCited by 34 opinions
1Opinion of the Court
POLITZ, Circuit Judge:
This appeal squarely poses the question of the application of Rule 9(a) of the Rules Governing Section 2254 Cases, 28 U.S.C. foil. § 2254, to a petition for writ of habeas corpus under 28 U.S.C. § 2254. We examine the language and history of the Rule against the backdrop of its application by this and other circuit courts, apply the found standard to the facts of this case and conclude that the petition of Richard Ell-man Strahan was prejudicially delayed and should be rejected.
Facts
In April 1969 Strahan was indicted for aggravated rape. After two examinations by a…
2Cases cited41 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Gennero Galtieri v. Louie L. Wainwright, Director, Division of Corrections, John Matera v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1978
- Washington v. StricklandCourt of Appeals for the Fifth Circuit · 1982
- Michael A. Mayola v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1980
- Wilmot v. WalkerSupreme Court of the United States · 1980
36 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Perez, Ex Parte Alberto GironCourt of Criminal Appeals of Texas · 2013
- Solomon v. United StatesCourt of Appeals for the Sixth Circuit · 2006
- Ex Parte CarrioCourt of Criminal Appeals of Texas · 1999
- Paul T. Williams v. Larry SimsCourt of Appeals for the Seventh Circuit · 2004
- Walters v. ScottCourt of Appeals for the Fifth Circuit · 1994
29 more not listed; retrieve them via the Exa API.