Legal Opinion

Herman Everett Beavers v. Charles R. Balkcom, Warden

Court of Appeals for the Fifth Circuit

Decided February 5, 1981No. 80-7018PublishedCited by 75 opinions

1Opinion of the Court

GEWIN, Circuit Judge:

Appellant Beavers appeals from the judgment of the United States District Court for the Northern District of Georgia, which denied his petition for habeas corpus relief made pursuant to 28 U.S.C. § 2254. We vacate and remand for dismissal without prejudice because the issue argued on this appeal has not been presented to the state court.

Beavers was indicted on a charge of burglary in 1973. Two local attorneys were appointed to represent him. The evidence placing the appellant at the scene of the crime and in possession of the stolen property was undisputed. Although…

2Cases cited13 opinions

Powell v. AlabamaSupreme Court of the United States · 1932
Edward Morgan MacKenna v. O. B. Ellis, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1960
Wilbert Herring v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1974
Edward Morgan MacKenna v. O. B. Ellis, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1961
United States v. McArthur Edwards, AKA Edwards McArthur and Charles Darnell WardCourt of Appeals for the Fifth Circuit · 1974

8 more not listed; retrieve them via the Exa API.

3Cited by75 opinions

Don Michael Dever v. Kansas State Penitentiary, the State of Kansas, Attorney General of KansasCourt of Appeals for the Tenth Circuit · 1994
State v. TokmanMississippi Supreme Court · 1990
John Lewis Washington v. John C. Watkins, Commissioner, Mississippi Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1981
Neal v. PuckettCourt of Appeals for the Fifth Circuit · 2002
Charles William Proffitt v. Louie L. Wainwright, Secretary, Florida Department of Offender RehabilitationCourt of Appeals for the Eleventh Circuit · 1982

70 more not listed; retrieve them via the Exa API.