Legal Opinion

James T. Caver v. State of Alabama

Court of Appeals for the Fifth Circuit

Decided April 10, 1975No. 74--3232PublishedCited by 4 opinions

1Per curiam

In this habeas corpus proceeding the federal trial court resolved contested issues of fact, which control the disposition of the constitutional questions raised, without a hearing and without having before it a copy of the state court trial record or other reliable and adequate written indicia to permit a proper determination of the merits of such disputed issues. The order denying the application for habeas corpus relief must be vacated and the cause remanded for compliance with the mandate of 28 U.S.C. § 2254(d).

James Caver is now imprisoned pursuant to a conviction of second degree murder…

2Cases cited3 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. White v. StateCourt of Criminal Appeals of Alabama · 1972
  3. Richard Gerzin v. Dr. George J. BetoCourt of Appeals for the Fifth Circuit · 1972

3Cited by4 opinions

  1. James T. Caver v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1976
  2. James T. Caver v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1978
  3. Occidental of Umm al Qaywayn, Inc. v. A Certain Cargo of Petroleum Laden Aboard the Tanker Dauntless ColocotronisCourt of Appeals for the Fifth Circuit · 1978
  4. Occidental of Umm al Qaywayn, Inc. v. A Certain Cargo of Petroleum Laden Aboard the Tanker Dauntless ColocotronisCourt of Appeals for the Fifth Circuit · 1978

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