Legal Opinion
Frank Delano Gay, Oliver Townsend and Willie Olen Scott v. Marcell Graham, Warden, Utah State Prison
Court of Appeals for the Tenth Circuit
Decided July 29, 1959No. 6109PublishedCited by 34 opinions
1Opinion of the Court
PHILLIPS, Circuit Judge.
This is an appeal from an order dismissing an application for a writ of habeas corpus. A certificate of probable cause is a jurisdictional prerequisite to an appeal to a United States Circuit Court of Appeals. 1 A certificate was refused in the court below, although a motion to be allowed to appeal in forma pauperis was granted. Hence, we may and do treat this appeal as an application for a certificate of probable cause. 2
Petitioners were tried in a district court of the State of Utah and convicted of the armed robbery of a loan company in Salt Lake City. They were…
2Cases cited25 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Brown v. AllenSupreme Court of the United States · 1953
- Mooney v. HolohanSupreme Court of the United States · 1935
- Betts v. BradySupreme Court of the United States · 1942
- Pyle v. KansasSupreme Court of the United States · 1942
20 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Townsend v. SainSupreme Court of the United States · 1963
- 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
- Willie Gray Dixon, Jr. v. State of FloridaCourt of Appeals for the Fifth Circuit · 1968
- Hickock v. CrouseCourt of Appeals for the Tenth Circuit · 1964
- James E. Miller v. Sherman H. Crouse, Warden, Kansas State Penitentiary, Lansing, KansasCourt of Appeals for the Tenth Circuit · 1965
29 more not listed; retrieve them via the Exa API.