Legal Opinion

James Henry Davis v. S. Lamont Smith, Warden, Georgia State Prison

Court of Appeals for the Fifth Circuit

Decided August 5, 1970No. 28500PublishedCited by 15 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

This appeal presents the statistically rare case of a writ of habeas corpus that was granted by the Federal District Court. 1 Davis, a Negro, was convicted of burglary in the Superior Court of Fulton County in September 1966. After petition for writ of habeas corpus in the Superior Court of the County of Tattnall, (place of confinement) was denied, he took no further action in State Court but filed a petition for habeas corpus in Federal District Court. Following an evidentiary hearing, the Court below concluded that (i) the grand jury that had indicted him and the…

2Cases cited39 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Aguilar v. TexasSupreme Court of the United States · 1964
  3. Spinelli v. United StatesSupreme Court of the United States · 1969
  4. Townsend v. SainSupreme Court of the United States · 1963
  5. Chambers v. MaroneySupreme Court of the United States · 1970

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3Cited by15 opinions

  1. United States v. Jesus Reyes MendozaCourt of Appeals for the Fifth Circuit · 1973
  2. Mary Layton and Stanley Gregory Walker, Etc. v. Dale Carson, as Sheriff of Duval County, Fla.Court of Appeals for the Fifth Circuit · 1973
  3. United States of America Ex Rel. Lillian Reis, Cross-Appellee v. Louie L. Wainwright, Director, Division of Corrections, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1976
  4. Julius Hairston v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1972
  5. Raymond Clarence Hill, A. C. Dutton, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1971

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