Legal Opinion

Billy Joe Tyler v. Harold R. Swenson, Warden, Missouri State Penitentiary

Court of Appeals for the Eighth Circuit

Decided June 12, 1970No. 20090_1PublishedCited by 57 opinions

1Opinion of the Court

LAY, Circuit Judge.

Appeal is made from the denial of a petition for a writ of habeas corpus under 28 U.S.C.A. § 2254 by the district court. The narrow issue upon appeal is whether the federal district court committed error in accepting the determination and findings of the state court and in otherwise refusing an evidentiary hearing to petitioner.

The facts may be briefly set out. On March 15, 1965, petitioner, contrary to advice of his counsel, pleaded guilty in state court to four separate charges —two of assault with intent to kill, and one each of first degree robbery and carrying a…

2Cases cited28 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. McMann v. RichardsonSupreme Court of the United States · 1970
  3. Townsend v. SainSupreme Court of the United States · 1963
  4. In Re Murchison.Supreme Court of the United States · 1955
  5. Thompson v. City of LouisvilleSupreme Court of the United States · 1960

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3Cited by57 opinions

  1. Bradley v. State Ex Rel. WhiteTexas Supreme Court · 1999
  2. United States v. James Earl PaivaCourt of Appeals for the First Circuit · 1989
  3. United States v. Samuel J. Concemi, United States of America v. Walter RibeckCourt of Appeals for the First Circuit · 1992
  4. Bonner v. Circuit CourtCourt of Appeals for the Eighth Circuit · 1975
  5. People v. SpectorCalifornia Court of Appeal · 2011

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

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