Legal Opinion

Brizendine v. Swenson

District Court, W.D. Missouri

Decided August 11, 1969No. 1394PublishedCited by 59 opinions

1Opinion of the Court

JOHN W. OLIVER, District Judge.

MEMORANDUM AND ORDER

I

The state prisoner involved in this case invokes the habeas corpus jurisdiction of this Court for a second time. In Brizendine v. Swenson (W.D.Mo.1966), 261 F.Supp. 68, we dismissed petitioner’s first application for federal habeas corpus because petitioner had not then exhausted his available state court post-conviction remedies. Following that decision petitioner filed a pro- se Missouri Rule 27.26, V.A.M.R. motion in the state trial court. The Supreme Court of Missouri affirmed the denial of that motion in State v. Brizendine (Mo.Sup.Ct.…

2Cases cited40 opinions

  1. Coppedge v. United StatesSupreme Court of the United States · 1962
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Townsend v. SainSupreme Court of the United States · 1963

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3Cited by59 opinions

  1. United States v. McArthur Edwards, AKA Edwards McArthur and Charles Darnell WardCourt of Appeals for the Fifth Circuit · 1974
  2. State v. CaffeySupreme Court of Missouri · 1970
  3. McCrary v. StateMissouri Court of Appeals · 1975
  4. Maggard v. StateSupreme Court of Missouri · 1971
  5. Brown v. StateSupreme Court of Missouri · 1972

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