Legal Opinion
Joseph Thorton Louis v. Frank Blackburn, Warden, Louisiana State Penitentiary
Court of Appeals for the Fifth Circuit
Decided November 19, 1980No. 79-3849PublishedCited by 73 opinions
1Opinion of the Court
REAVLEY, Circuit Judge:
This is an appeal from the district court’s dismissal of Joseph Thorton Louis’ application for writ of habeas corpus. The district court rejected the U.S. magistrate’s recommendation to grant the writ after reading the transcript of the hearing. On appeal we are presented with the question of whether, consistent with due process, a district judge may reject the magistrate’s recommendation without hearing the relevant witness’ testimony so as to assess credibility. We feel that due process requires the district judge to hear the testimony himself when he makes an…
2Cases cited7 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- United States v. RaddatzSupreme Court of the United States · 1980
- United States v. Oregon State Medical SocietySupreme Court of the United States · 1952
- Holiday v. JohnstonSupreme Court of the United States · 1941
- Wingo v. WeddingSupreme Court of the United States · 1974
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3Cited by73 opinions
- Carl E. Williams v. Louie L. Wainwright, Secretary Department of Corrections, State of FloridaCourt of Appeals for the Eleventh Circuit · 1982
- Charles William Proffitt v. Louie L. Wainwright, Secretary, Florida Department of Offender RehabilitationCourt of Appeals for the Eleventh Circuit · 1982
- Bernard Cullen v. United StatesCourt of Appeals for the Second Circuit · 1999
- Peter Grassia v. Charles Scully, Superintendent of Green Haven Correctional FacilityCourt of Appeals for the Second Circuit · 1989
- Amlong & Amlong, PA v. Denny's, Inc.Court of Appeals for the Eleventh Circuit · 2007
68 more not listed; retrieve them via the Exa API.