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Legal Opinion

Hershel Hiram McKnight v. United States

Court of Appeals for the Fifth Circuit

Decided February 12, 1975No. 73-3993PublishedCited by 18 opinions

1Opinion of the Court

SIMPSON, Circuit Judge:

This appeal is from the district court’s dismissal of Hershel Hiram McKnight’s motion for post conviction relief pursuant to Title 28, U.S.C., Sec. 2255. Because McKnight’s uncontested factual allegations establish a bona fide controversy, requiring resolution by an evidentiary hearing and resultant findings, we reverse and remand.

MeKnight was convicted in 1971 on both counts under which he was indicted: Count 1 charged him with conspiracy to rob a bank in violation of Title 18, U.S.C., Sec. 371; Count 2 charged him with carrying a firearm during the commission of a…

2Cases cited11 opinions

  1. National Labor Relations Board v. Amalgamated Clothing Workers of America, Afl-Cio, Local 990Court of Appeals for the Fifth Circuit · 1970
  2. Kaufman v. United StatesSupreme Court of the United States · 1969
  3. Lewis Woodard Larson v. United StatesCourt of Appeals for the Fifth Circuit · 1960
  4. Jessey Kenneth McKinney v. United StatesCourt of Appeals for the Fifth Circuit · 1968
  5. Donald Dee Collier v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1974

6 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Raymond L. Buckelew and James Laney Jenkins v. United States of America, Judson Lee Drane v. United StatesCourt of Appeals for the Fifth Circuit · 1978
  2. United States v. Robert E. CapuaCourt of Appeals for the Fifth Circuit · 1981
  3. Joseph Thomas v. Walter D. Zant, Warden, Georgia Diagnostic and Classification CenterCourt of Appeals for the Eleventh Circuit · 1983
  4. Jack Howard Potts v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Jack Howard Potts v. Sam AustinCourt of Appeals for the Fifth Circuit · 1981
  5. United States v. William B. Prince, Jr.Court of Appeals for the Fifth Circuit · 1989

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