Legal Opinion

Lucien M. Aubut v. State of Maine

Court of Appeals for the First Circuit

Decided September 23, 1970No. 412_1PublishedCited by 160 opinions

1Opinion of the Court

ALDRICH, Chief Judge.

Petitioner, having been convicted in the state court of uttering a forged instrument, and having unsuccessfully appealed, State v. Aubut, Me., 1970, 261 A.2d 48, sought-habeas corpus relief in the district court. His petition was dismissed without hearing. A certificate of probable cause for appeal having been denied by that court, he appropriately renews the request here. Local Eule 11. Petitioner also seeks the appointment of counsel, and other preliminary relief.

We do not accept “notice” pleading in habeas corpus proceedings. Were the rule otherwise, every state…

2Cases cited6 opinions

  1. Snowden v. HughesSupreme Court of the United States · 1944
  2. Johnson v. AverySupreme Court of the United States · 1969
  3. Gryger v. BurkeSupreme Court of the United States · 1948
  4. Robert Anderson v. Robert A. Heinze, Warden, Folsom State PrisonCourt of Appeals for the Ninth Circuit · 1958
  5. Buchalter v. New YorkSupreme Court of the United States · 1943

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3Cited by160 opinions

  1. Russell L. O'Bremski v. Manfred Maass, Superintendent, Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 1990
  2. Benny Williams v. Robert Kullman and Robert Abrams, Attorney General, State of New YorkCourt of Appeals for the Second Circuit · 1983
  3. William L. O'Brien v. Robert J. DigraziaCourt of Appeals for the First Circuit · 1976
  4. Arthur Calderon, Warden v. The United States District Court for the Northern District of California, Robert Henry Nicolaus, Real-Party-In-InterestCourt of Appeals for the Ninth Circuit · 1996
  5. Darrell Keith Rich v. Arthur Calderon, WardenCourt of Appeals for the Ninth Circuit · 1999

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