Legal Opinion
Smith v. Freeman
Court of Appeals for the Third Circuit
Decided December 29, 1989No. 88-1925PublishedCited by 46 opinions
1Opinion of the Court
OPINION OF THE COURT
COWEN, Circuit Judge.
This appeal arises from an order of the district court denying appellant Jerry L. Smith (“Smith”) a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1982). Because we conclude that Smith was not afforded a full and fair evidentiary hearing in state court on his claim that his guilty plea was involuntary due to mental incompetence, we will vacate the order of the district court denying the writ of habeas corpus and remand for further proceedings.
I
According to the prosecution, on February 19, 1981, Smith and his co-conspirator and ex-wife, Brenda…
2Cases cited39 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Murray v. CarrierSupreme Court of the United States · 1986
- Wainwright v. SykesSupreme Court of the United States · 1977
- United States v. FradySupreme Court of the United States · 1982
- Townsend v. SainSupreme Court of the United States · 1963
34 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Joseph Nara v. Frederick FrankCourt of Appeals for the Third Circuit · 2007
- Zettlemoyer v. FulcomerCourt of Appeals for the Third Circuit · 1991
- Palmer v. HendricksCourt of Appeals for the Third Circuit · 2010
- Francis Ordean Reese v. Thomas A. FulcomerCourt of Appeals for the Third Circuit · 1991
- David Munchinski v. Harry WilsonCourt of Appeals for the Third Circuit · 2012
41 more not listed; retrieve them via the Exa API.