Legal Opinion
James Allen v. State of Alabama
Court of Appeals for the Eleventh Circuit
Decided May 21, 1984No. 82-7290PublishedCited by 29 opinions
1Opinion of the Court
GODBOLD, Chief Judge:
In this habeas ease we must decide whether a remand is necessary for an evi-dentiary hearing on whether petitioner Allen waived his right to a direct merits appeal in state court. If on remand the district court finds Allen entitled to an out of time appeal, he desires to present only one issue to the state appellate court. After picking our way through a procedural maze we conclude that the case must be remanded for an evidentiary hearing.
I. Factual and Procedural History
Allen is an Alabama prisoner serving a life sentence for first degree murder. After conviction at a…
2Cases cited20 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Wainwright v. SykesSupreme Court of the United States · 1977
- Townsend v. SainSupreme Court of the United States · 1963
- Fay v. NoiaSupreme Court of the United States · 1963
- Brewer v. WilliamsSupreme Court of the United States · 1977
15 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Access Now, Inc. v. Southwest Airlines Co.Court of Appeals for the Eleventh Circuit · 2004
- Balbir Singh v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2019
- Provenzano v. SingletaryCourt of Appeals for the Eleventh Circuit · 1998
- Seminole Tribe of Florida v. FloridaCourt of Appeals for the Eleventh Circuit · 1994
- Chambers v. ThompsonCourt of Appeals for the Eleventh Circuit · 1998
24 more not listed; retrieve them via the Exa API.