Legal Opinion
Albert Harris, Jr. v. Louie L. Wainwright, Director, Florida Division of Corrections
Court of Appeals for the Fifth Circuit
Decided January 21, 1969No. 24492PublishedCited by 8 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
This is an appeal from the denial by the District Judge of a petition for a writ of habeas corpus. The double-barreled question presented is whether (a) Florida’s arraignment procedure is such a critical stage of the criminal proceeding in a capital ease that (b) the lack of counsel during arraignment establishes a per se violation of constitutional rights without any showing of prejudice. The District Judge answered this in the negative. Ours is more equivocal: (a) it is a critical stage, unless (b) there has been no likelihood of prejudice, but (c) the burden of…
2Cases cited47 opinions
- Jackson v. DennoSupreme Court of the United States · 1964
- Pointer v. TexasSupreme Court of the United States · 1965
- Hamilton v. AlabamaSupreme Court of the United States · 1961
- White v. MarylandSupreme Court of the United States · 1963
- The State of Texas and Dr. George J. Beto, Director, Texas Department of Corrections v. Melvin Alexander PaytonCourt of Appeals for the Fifth Circuit · 1968
42 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jesse Franklin Collins v. Harold R. Swenson, WardenCourt of Appeals for the Eighth Circuit · 1971
- George Thomas Stanley v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1969
- Garrett v. StateSupreme Court of Missouri · 1970
- Donald Gene Walker v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1969
- Foxworth v. WainwrightDistrict Court, N.D. Florida · 1970
3 more not listed; retrieve them via the Exa API.