Legal Opinion
Edward G. Garland v. J. D. Cox, Superintendent Virginia State Penitentiary
Court of Appeals for the Fourth Circuit
Decided January 16, 1973No. 14820PublishedCited by 24 opinions
1Opinion of the Court
SOBELOFF, Senior Circuit Judge:
Edward G. Garland, a Virginia prisoner, seeks a certificate of probable cause to appeal from an order of the District Court, 311 F.Supp. 1290, dismissing his petition for a writ of habeas corpus. We grant the certificate, and reverse.
It is uncontested that counsel was not appointed to represent Garland until the day of his trial. In the past, we have held that such late appointment of counsel is inherently prejudicial, and “constitutes a prima facie case of denial of effective assistance of counsel, so that the burden of proving lack of prejudice is shifted to…
2Cases cited10 opinions
- Chambers v. MaroneySupreme Court of the United States · 1970
- Sanders v. United StatesSupreme Court of the United States · 1963
- Gratton Earl Moore v. United StatesCourt of Appeals for the Third Circuit · 1970
- Stumpf v. MontgomerySupreme Court of Oklahoma · 1924
- James E. Fields v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1967
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Minnie Florence Breeden v. Caspar W. Weinberger, Secretary Health, Education, and WelfareCourt of Appeals for the Fourth Circuit · 1974
- State v. DemastusWest Virginia Supreme Court · 1980
- United States v. Ronald Richard FisherCourt of Appeals for the Fourth Circuit · 1973
- SCHOOL DISTRICTS'ALLIANCE v. StateWashington Supreme Court · 2010
- William Praylow v. George N. Martin Attorney General of the State of South CarolinaCourt of Appeals for the Fourth Circuit · 1985
19 more not listed; retrieve them via the Exa API.