Legal Opinion
James Floyd Smelcher v. Attorney General of Alabama John E. Nagle
Court of Appeals for the Eleventh Circuit
Decided December 2, 1991No. 89-7915PublishedCited by 4 opinions
1Opinion of the Court
WALTER E. HOFFMAN, Senior District Judge:
In this case, James Floyd Smelcher, an Alabama state prison inmate convicted of first degree rape, appeals the denial of his petition for writ of habeas corpus. Because we find that Smelcher has been improperly denied an evidentiary hearing on his claim of ineffective assistance of counsel, we reverse this case for a hearing on this issue.
FACTS
On June 1, 1986, James Floyd Smelcher, the appellant in this matter, picked the victim up from her house, allegedly so they could visit a mutual friend. The two drove to Smelcher’s one-room apartment, and upon…
2Cases cited20 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Murray v. CarrierSupreme Court of the United States · 1986
- Wainwright v. SykesSupreme Court of the United States · 1977
- United States v. FradySupreme Court of the United States · 1982
- Rose v. ClarkSupreme Court of the United States · 1986
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3Cited by4 opinions
- Patricia Ann Thomas Jackson v. Tommy Herring, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1995
- Phillip Alexander Atkins v. Harry K. SingletaryCourt of Appeals for the Eleventh Circuit · 1992
- Deming v. City of MobileCourt of Criminal Appeals of Alabama · 1995
- Correll v. Secretary, Department of CorrectionsDistrict Court, M.D. Florida · 2013