Legal Opinion

Earlie Burgess v. Warden, Maryland House of Correction

Court of Appeals for the Fourth Circuit

Decided November 18, 1960No. 8252PublishedCited by 14 opinions

1Opinion of the Court

SOBELOFF, Chief Judge.

Earlie Burgess, an inmate of the Maryland House of Correction, filed two petitions for writs of habeas corpus in the United States District Court for the District of Maryland. The court denied both petitions, and denied the certificate of probable cause required as a prerequisite for appeal under 28 U.S.C.A. § 2253, but allowed the petitioner to appeal in forma pauperis.

Where a District Court denies a state prisoner his petition for a writ of habeas corpus, and denies the certificate of probable cause but allows him to prosecute his appeal as a pauper, it has been our…

2Cases cited7 opinions

  1. House v. MayoSupreme Court of the United States · 1945
  2. Holly v. SmythCourt of Appeals for the Fourth Circuit · 1960
  3. In Re Application of BurwellSupreme Court of the United States · 1956
  4. Puritan Church v. CommissionerSupreme Court of the United States · 1955
  5. Benjamin F. Plater v. Warden, Maryland House of CorrectionCourt of Appeals for the Fourth Circuit · 1958

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

3Cited by14 opinions

  1. Paul L. Fitzsimmons v. Howard Yeager, Principal Keeper of the New Jersey State Prison at trenton,n.j. And the State of New JerseyCourt of Appeals for the Third Circuit · 1968
  2. Charles Alexander v. David Harris, as Superintendent of Green Haven Correctional FacilityCourt of Appeals for the Second Circuit · 1979
  3. Hector Santiago Salgado v. Rosie B. Garcia, WardenCourt of Appeals for the Ninth Circuit · 2004
  4. Alfred Player v. William F. Steiner, Warden, Maryland House of CorrectionCourt of Appeals for the Fourth Circuit · 1961
  5. Martin v. HendersonDistrict Court, E.D. Tennessee · 1967

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

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