Legal Opinion

Earl Mitchell v. C. Murray Henderson, Warden, Louisiana State Penitentiary

Court of Appeals for the Fifth Circuit

Decided October 8, 1970No. 435PublishedCited by 1 opinion

1Opinion of the Court

DYER, Circuit Judge:

Mitchell appeals from the District Court’s dismissal of his petition for habeas corpus relief. We reverse and remand for an evidentiary hearing.

I

After pleading guilty, appellant was convicted of rape. A state trial court sentenced him to life imprisonment. Mitchell contends, inter alia, that his guilty plea was precipitated by a coerced confession, which the police allegedly obtained by utilizing threats and physical brutality. He asserts that the mistreatment continued at Orleans Parish Prison, where he was incarcerated after confessing.

Moreover, Mitchell claims that the…

2Cases cited4 opinions

  1. McMann v. RichardsonSupreme Court of the United States · 1970
  2. Ralph Hubert Houston, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1969
  3. Robert Farmer v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1969
  4. Buster O'Neal v. S. Lamont Smith, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1969

3Cited by1 opinion

  1. Earl Mitchell v. C. Murray Henderson, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1970

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