Legal Opinion
Leonard E. Smith v. United States
Court of Appeals for the Eighth Circuit
Decided February 23, 1981No. 80-1528PublishedCited by 20 opinions
1Opinion of the Court
STEPHENSON, Circuit Judge.
Appellant Smith appeals the dismissal of his 28 U.S.C. § 2255 petition by the United States District Court for the District of Nebraska. 1 Appellant moved for an eviden-tiary hearing and Judge Albert Schatz denied the motion. It is from this denial that appellant appeals. Appellant alleges that the district court erred in denying him an evidentiary hearing because a factual dispute had been shown and the files and records of the case did not conclusively show that the petitioner was entitled to no relief. We reverse in part and affirm in part.
Appellant Smith was…
2Cases cited16 opinions
- Bifulco v. United StatesSupreme Court of the United States · 1980
- United States v. Joseph Ward EasterCourt of Appeals for the Eighth Circuit · 1976
- Curtis Dale Morrow v. Robert F. Parratt, Jr., Warden, Nebraska Penal and Correctional ComplexCourt of Appeals for the Eighth Circuit · 1978
- Edward Lewis Robinson v. United StatesCourt of Appeals for the Eighth Circuit · 1971
- United States v. SmithCourt of Appeals for the Eighth Circuit · 1978
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3Cited by20 opinions
- Government of the Virgin Islands v. Nicholas, ConnieCourt of Appeals for the Third Circuit · 1985
- United States v. Billy G. ByersCourt of Appeals for the D.C. Circuit · 1984
- United States v. EscobarCourt of Appeals for the Fifth Circuit · 1982
- United States v. Frederick D. KraemerCourt of Appeals for the Eighth Circuit · 1987
- State v. PaulsonNebraska Supreme Court · 1982
15 more not listed; retrieve them via the Exa API.