Legal Opinion
Anderson v. State of North Carolina
District Court, W.D. North Carolina
Decided October 7, 1963No. Misc. 25PublishedCited by 24 opinions
1Opinion of the Court
CRAVEN, Chief Judge.
This is a civil action begun by application for a writ of habeas corpus. Upon issuance of the writ, the State of North Carolina responded by answer, and two evidentiary hearings have been held.
“Where the facts are in dispute, the federal court on habeas corpus must hold an evidentiary hearing if the habeas applicant did not receive a full and fair evidentiary hearing in a state court, either at the time of the trial or in a collateral proceeding.” Townsend v. Sain, 372 U.S. 293, 312, 83 S.Ct. 745, 757, 9 L.Ed.2d 770, 785 (1963). (Emphasis added).
“The duty to try the facts…
2Cases cited10 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Powell v. AlabamaSupreme Court of the United States · 1932
- Townsend v. SainSupreme Court of the United States · 1963
- Brown v. AllenSupreme Court of the United States · 1953
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- People v. WestCalifornia Supreme Court · 1970
- Ralph Henry Cooper v. United StatesCourt of Appeals for the Fourth Circuit · 1979
- Commonwealth ex rel. Kerekes v. MaroneySupreme Court of Pennsylvania · 1966
- Commonwealth v. ManningMassachusetts Supreme Judicial Court · 1977
- Ray S. Bailey v. Ellis C. MacDougall Director of the South Carolina Department of CorrectionsCourt of Appeals for the Fourth Circuit · 1968
19 more not listed; retrieve them via the Exa API.