Legal Opinion
Aubrey Pate v. William C. Holman, Warden, Kilby Prison, Alabama
Court of Appeals for the Fifth Circuit
Decided March 31, 1965No. 21428_1PublishedCited by 62 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
The Court has carefully considered the petition for rehearing and its supporting brief. The petition makes an important point with regard to the doctrine of exhaustion of remedies that requires modification of our original decision:
“Perhaps most important of all, and as recognized by this Honorable Court in its opinion of February 16, 1965, the first time the appellant squarely presented the issue of the denial of counsel on original direct appeal within the meaning of Douglas v. [People of State of] California, [372 U.S. 353, 83 S.Ct. 814, 9 L.Ed. 2d 811,] supra, was in…
2Cases cited4 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- Douglas v. CaliforniaSupreme Court of the United States · 1963
- Norvell v. IllinoisSupreme Court of the United States · 1963
- Charles Blair v. The People of the State of California, Robert A. Heinze, WardenCourt of Appeals for the Ninth Circuit · 1965
3Cited by62 opinions
- Loren E. Barry v. Maurice Sigler, Warden, Nebraska Penal and Correctional ComplexCourt of Appeals for the Eighth Circuit · 1967
- Ted Williams v. Ira M. Coiner, Warden of the West Virginia State Penitentiary, Successor to Otto C. BolesCourt of Appeals for the Fourth Circuit · 1968
- Joseph E. Edge, Sr. v. Louis L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1965
- Commonwealth ex rel. Robinson v. MyersSupreme Court of Pennsylvania · 1966
- Willie Gray Dixon, Jr. v. State of FloridaCourt of Appeals for the Fifth Circuit · 1968
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