Legal Opinion
United States of America Ex Rel. Elmer Carl Linde v. Joseph R. Brierley, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania
Court of Appeals for the Third Circuit
Decided December 23, 1970No. 18228PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
VAN DUSEN, Circuit Judge.
This appeal is taken from a July 30, 1969, District Court order denying the indigent relator’s petition for a writ of habeas corpus alleging a denial of the right to appeal due to lack of counsel. 1
Relator was convicted of murder, after trial to a jury in the Court of Oyer and Terminer of Westmoreland County, Pa., and, upon dismissal of his motion for new trial, was sentenced on May 15, 1959, to life imprisonment. No appeal was filed. However, a pro se petition for a writ of habeas corpus was filed in the Court of Common Pleas on December 12, 1963.…
2Cases cited22 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Jackson v. DennoSupreme Court of the United States · 1964
- Townsend v. SainSupreme Court of the United States · 1963
- Fay v. NoiaSupreme Court of the United States · 1963
- Douglas v. CaliforniaSupreme Court of the United States · 1963
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3Cited by6 opinions
- United States of Amercia Ex Rel. Emile A. Turner, H-6528 v. Alfred T. Rundle, SuptCourt of Appeals for the Third Circuit · 1971
- Commonwealth v. CornitcherSupreme Court of Pennsylvania · 1972
- United States Ex Rel. Navarro v. JohnsonDistrict Court, E.D. Pennsylvania · 1973
- In re KravitzDistrict Court, M.D. Pennsylvania · 1979
- Commonwealth v. CornitcherSupreme Court of Pennsylvania · 1972
1 more not listed; retrieve them via the Exa API.