Legal Opinion
David M. Smart v. R. P. Balkcom, Jr., Warden, Georgia State Prison
Court of Appeals for the Fifth Circuit
Decided November 1, 1965No. 22564_1PublishedCited by 11 opinions
1Opinion of the Court
BELL, Circuit Judge.
Appellant alleges in his petition for writ of habeas corpus that he was illegally convicted of two crimes in the Georgia courts in that they arose out of the same transaction, and also that his court appointed counsel failed to appeal his conviction. The District Court denied his petition on the ground of failure to exhaust state remedies, but without prejudice to his seeking a writ at an appropriate date in the future.
It appears that no relief was sought in the state court having jurisdiction of appellant. The claim for relief apparently involves the denial of counsel on…
2Cases cited8 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- Douglas v. CaliforniaSupreme Court of the United States · 1963
- Harris v. StateSupreme Court of Georgia · 1941
- Aubrey Pate v. William C. Holman, Warden, Kilby Prison, AlabamaCourt of Appeals for the Fifth Circuit · 1965
- Ernest Whippler v. R. P. Balkcom, Jr., Warden, Georgia, State Prison, Reidsville, Tattnall County, GeorgiaCourt of Appeals for the Fifth Circuit · 1965
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dean Rene Peters v. Jack T. Rutledge, Sheriff and Jailer of Muscogee County, GeorgiaCourt of Appeals for the Fifth Circuit · 1968
- L. C. McGarrah v. A. L. Dutton, Warden, Georgia State Prison, Reidsville, GeorgiaCourt of Appeals for the Fifth Circuit · 1967
- Johnny Lee Clarke v. T. Ralph Grimes, Sheriff, Fulton County, GeorgiaCourt of Appeals for the Fifth Circuit · 1967
- James Henry Davis v. S. Lamont Smith, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1970
- Harris Percy Wynn v. Samuel L. Smith, Warden, Georgia State Prison, Reidsville, Ga.Court of Appeals for the Fifth Circuit · 1971
6 more not listed; retrieve them via the Exa API.