Legal Opinion

L. C. McGarrah v. A. L. Dutton, Warden, Georgia State Prison, Reidsville, Georgia

Court of Appeals for the Fifth Circuit

Decided July 26, 1967No. 24107_1PublishedCited by 32 opinions

1Opinion of the Court

JOHN R. BROWN,

Chief Judge:

On July 26, 1955, the Appellant, Mc-Garrah, unrepresented by counsel, waived indictment and pleaded guilty in Superior Court of Sumter County to two counts charging assault with intent to commit rape and three counts of burglary. He was sentenced to 20 years each on the first two counts and 10 years each on the three remaining counts to be served consecutively, a total of 70 years. On January 18, 1965, McGarrah filed a petition pro se for writ of habeas corpus in the City Court of Reidsville, Georgia, asserting that the waiver and plea had been obtained by threats…

2Cases cited16 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Fay v. NoiaSupreme Court of the United States · 1963

11 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. William Napoleon Boyer v. City of OrlandoCourt of Appeals for the Fifth Circuit · 1968
  2. Dean Rene Peters v. Jack T. Rutledge, Sheriff and Jailer of Muscogee County, GeorgiaCourt of Appeals for the Fifth Circuit · 1968
  3. Emmett v. RickettsDistrict Court, N.D. Georgia · 1975
  4. Garnett B. Fortner v. R. P. Balkcom, Jr., Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1967
  5. Emmitt Monroe Spencer v. L. L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1968

27 more not listed; retrieve them via the Exa API.

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