Legal Opinion

Michael Lee Smith v. A.L. Lockhart, Director, Arkansas Department of Correction

Court of Appeals for the Eighth Circuit

Decided January 15, 1991No. 89-2803PublishedCited by 153 opinions

1Opinion of the Court

LAY, Chief Judge.

Michael Lee Smith appeals the magistrate’s denial of his petition for a writ of habeas corpus. Smith alleges: 1) his Sixth Amendment rights were violated when he was denied counsel at a critical stage of the criminal proceedings; 2) his due process rights were violated when he was denied counsel at a critical stage of the proceedings; and 3) his eighth amendment rights were violated by imposition of a cruel and unusual sentence of 242 years in jail. We hold that Smith was denied counsel at a critical stage, and accordingly vacate the decision of the magistrate denying the…

2Cases cited30 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. WadeSupreme Court of the United States · 1967
  3. Kirby v. IllinoisSupreme Court of the United States · 1972
  4. Tumey v. OhioSupreme Court of the United States · 1927
  5. Holloway v. ArkansasSupreme Court of the United States · 1978

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3Cited by153 opinions

  1. State v. StensonWashington Supreme Court · 1997
  2. State v. StensonWashington Supreme Court · 1997
  3. People v. HardyCalifornia Supreme Court · 1992
  4. Wayne Dale Schell v. Larry Witek, Warden Bill Lockyer, Attorney General, State of California, 1Court of Appeals for the Ninth Circuit · 2000
  5. State v. SeversonIdaho Supreme Court · 2009

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