Legal Opinion

Taylor v. United States

Court of Appeals for the Tenth Circuit

Decided January 4, 1952No. 4349PublishedCited by 14 opinions

1Opinion of the Court

PICKETT, Circuit Judge.

This is a proceeding under 28 U.S.C.A. § 2255 to vacate a judgment and sentence entered by the United States District Court for the Western District of Oklahoma. The trial court overruled the motion without a hearing and this appeal followed. Our only question now is whether the defendant is entitled to a hearing on the motion.

The principal ground for relief set forth in the motion is that in all the proceedings before the District Court prior to and at the time of sentence, the defendant was without counsel and had not made a competent and intelligent waiver thereof.…

2Cases cited5 opinions

  1. Von Moltke v. GilliesSupreme Court of the United States · 1948
  2. Barrett v. Hunter, Warden. Rutledge v. Hunter, WardenCourt of Appeals for the Tenth Circuit · 1950
  3. Snell v. United StatesCourt of Appeals for the Tenth Circuit · 1949
  4. Hurst v. United StatesCourt of Appeals for the Tenth Circuit · 1949
  5. Cherrie v. United StatesCourt of Appeals for the Tenth Circuit · 1949

3Cited by14 opinions

  1. Sanders v. United StatesSupreme Court of the United States · 1963
  2. Billy Joe Wright v. Fred R. Dickson, Warden, California State PenitentiaryCourt of Appeals for the Ninth Circuit · 1964
  3. White v. SwensonDistrict Court, W.D. Missouri · 1966
  4. David Frank Spanbauer v. John C. Burke, Warden, Wisconsin State PrisonCourt of Appeals for the Seventh Circuit · 1966
  5. Irving M. Rubenstein, Also Known as Irving M. Ruby v. United StatesCourt of Appeals for the Tenth Circuit · 1955

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