Legal Opinion
Earl Lee v. W. Frank Smyth, Jr., Superintendent of the Virginia State Penitentiary
Court of Appeals for the Fourth Circuit
Decided March 23, 1959No. 7752PublishedCited by 8 opinions
1Opinion of the Court
SOBELOFF, Chief Judge.
The petitioner, presently completing a ten-year sentence for robbery but subject thereafter to imprisonment for another ten years under the Virginia recidivist statute, appeals from the District Court’s denial of his application for a writ of habeas corpus.
The petitioner’s criminal record in the Virginia state courts dates back to 1932. In that year he was convicted of housebreaking and sentenced to a term of three years. Although not represented by counsel on that occasion, the record indicates that he was tried “with his consent” and tendered a plea of guilty. Another…
2Cases cited6 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Brown v. AllenSupreme Court of the United States · 1953
- Gryger v. BurkeSupreme Court of the United States · 1948
- Bute v. IllinoisSupreme Court of the United States · 1948
- James Harvey (Alias Berkley McCargo v. W. Frank Smyth, Jr., Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1958
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Holly v. SmythCourt of Appeals for the Fourth Circuit · 1960
- Harry Morrison v. W. Frank Smyth, Jr., Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1960
- Commonwealth v. JacksonSuperior Court of Pennsylvania · 1960
- Jordan v. SteinerDistrict Court, D. Maryland · 1960
- Holly v. SmythDistrict Court, E.D. Virginia · 1961
3 more not listed; retrieve them via the Exa API.