Legal Opinion

Charlie Mobley, Jr. v. Lamont Smith, Warden, Georgia State Prison, Reidsville, Ga.

Court of Appeals for the Fifth Circuit

Decided June 15, 1971No. 31146PublishedCited by 1 opinion

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

This habeas corpus petition of a Georgia state prisoner has been in and out of state and. federal courts for nearly six years. It will take a judicial scythe to cut away the procedural tendrils that en velop it, but we must avail ourselves of one to understand fully what must be done.

The prisoner was convicted of murder in 1965 and was sentenced to death. The Supreme Court of Georgia affirmed his conviction on the grounds that there was no error in admitting the prisoner’s inculpatory confession or in the trial court’s allowing the State to reopen its case after it…

2Cases cited5 opinions

  1. Dean Rene Peters v. Jack T. Rutledge, Sheriff and Jailer of Muscogee County, GeorgiaCourt of Appeals for the Fifth Circuit · 1968
  2. Mobley v. StateSupreme Court of Georgia · 1966
  3. Julian R. Fitzgerald v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1971
  4. Charlie Mobley, Jr. v. A. L. Dutton, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1967
  5. Mobley v. SmithSupreme Court of Georgia · 1968

3Cited by1 opinion

  1. Charlie Mobley, Jr. v. Lamont Smith, Warden, Georgia State Prison, Reidsville, Ga., No. 31146 Summary Calendar. Rule 18, 5 Cir. See Isbell Enterprises, Inc v. Citizens Casualty Co. Of New York, 5 Cir., 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1971

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