Legal Opinion

Francisco v. Gathright

Supreme Court of the United States

Decided November 19, 1974No. 73-5768PublishedCited by 60 opinions

1Per curiam

Petitioner was convicted in a Virginia state court of possession of heroin with intent to distribute, 1 and was sentenced to eight years in prison. The Supreme Court of Virginia denied review and affirmed the conviction by order, and petitioner then sought federal habeas corpus in the United States District Court for the Eastern District of Virginia.

In that court he contended that the judgment of conviction under which he was held was subject to two constitutional infirmities. His first claim was that the state statute under which he had been convicted violated his Fourteenth Amendment rights…

2Cases cited4 opinions

  1. Picard v. ConnorSupreme Court of the United States · 1971
  2. Brown v. AllenSupreme Court of the United States · 1953
  3. Roberts v. LaValleeSupreme Court of the United States · 1967
  4. Sharp v. CommonwealthSupreme Court of Virginia · 1972

3Cited by60 opinions

  1. Rose v. LundySupreme Court of the United States · 1982
  2. Albert Moore v. John Deyoung, Warden, Passaic County Jail, and Frank Davenport, SheriffCourt of Appeals for the Third Circuit · 1975
  3. Lefkowitz v. NewsomeSupreme Court of the United States · 1975
  4. Gennero Galtieri v. Louie L. Wainwright, Director, Division of Corrections, John Matera v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1978
  5. Joseph Zicarelli v. Albert D. Gray, Jr., Superintendent, New Jersey State PrisonCourt of Appeals for the Third Circuit · 1976

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