Legal Opinion
Gainey v. Turner
District Court, E.D. North Carolina
Decided March 27, 1967No. Civ. 1792PublishedCited by 14 opinions
1Opinion of the Court
OPINION AND ORDER
BUTLER, Chief Judge.
The application of Rufus Gainey, a state prisoner, for writ of habeas corpus in forma pauperis was denied as frivolous without requiring an answer by the respondents and without a plenary hearing. Gainey appealed and the Fourth Circuit Court of Appeals by memorandum decision 1 remanded for two purposes:
1. For a determination of whether Gainey, after his prior conviction had been voided on constitutional grounds, voluntarily and intelligently elected to accept a retrial rather than reinstatement of his former sentence by waiving the constitutional defect in…
2Cases cited15 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Townsend v. SainSupreme Court of the United States · 1963
- Griffin v. IllinoisSupreme Court of the United States · 1956
- Douglas v. CaliforniaSupreme Court of the United States · 1963
- United States v. TateoSupreme Court of the United States · 1964
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. TurnerOregon Supreme Court · 1967
- United States v. Harry Robert WhiteCourt of Appeals for the Seventh Circuit · 1967
- Glen Dale Castle v. United StatesCourt of Appeals for the Fifth Circuit · 1968
- Rice v. SimpsonDistrict Court, M.D. Alabama · 1967
- Clarence Ernest Beardslee, A/K/A Clarence Everett Beardslee v. United StatesCourt of Appeals for the Eighth Circuit · 1967
9 more not listed; retrieve them via the Exa API.