Legal Opinion

Robert P. Dominguez v. C. Murray Henderson, Warden, Louisiana State Penitentiary

Court of Appeals for the Fifth Circuit

Decided July 13, 1971No. 30773PublishedCited by 1 opinion

1Opinion of the Court

RONEY, Circuit Judge:

This appeal from a denial of habeas corpus relief presents the question of whether Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969) is retroactive. Holding that it is not, we affirm the district court.

The petitioner, a Louisiana state prisoner, is presently serving three concurrent twenty-five year sentences, which were imposed on September 27, 1967, after he pleaded guilty to three charges of armed robbery. He seeks to set aside those convictions by a petition for writ of habeas corpus alleging that (1) he was denied his right to trial by jury, (2)…

2Cases cited15 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Stovall v. DennoSupreme Court of the United States · 1967
  3. Johnson v. New JerseySupreme Court of the United States · 1966
  4. McCarthy v. United StatesSupreme Court of the United States · 1969
  5. Linkletter v. WalkerSupreme Court of the United States · 1965

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3Cited by1 opinion

  1. Robert P. Dominguez v. C. Murray Henderson, Warden, Louisiana State Penitentiary, No. 30773 Summary Calendar. (1) Rule 18, 5 Cir. Isbell Enterprises, Inc. v. Citizens Casualty Company of New York, 5 Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1971

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