Legal Opinion

United States ex rel. Wilcox v. Johnson

Court of Appeals for the Third Circuit

Decided April 29, 1977No. 76-2091PublishedCited by 100 opinions

1Opinion of the Court

OPINION OF THE COURT

FORMAN, Circuit Judge.

This is an appeal by the Commonwealth of Pennsylvania from an order of the United States District Court for the Eastern District of Pennsylvania granting a writ of habeas corpus. The major issue presented here is whether appellee was unconstitutionally deprived of the right to testify at his own trial. We conclude that he was and, accordingly, we affirm the grant of the writ.

I

Norman Wilcox, the appellee, was convicted of rape in 1967 after a non-jury trial in the County Court of Philadelphia, and was sentenced to a term of imprisonment from four to…

2Cases cited24 opinions

  1. Harris v. New YorkSupreme Court of the United States · 1971
  2. Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
  3. Brooks v. TennesseeSupreme Court of the United States · 1972
  4. Ferguson v. GeorgiaSupreme Court of the United States · 1961
  5. Gratton Earl Moore v. United StatesCourt of Appeals for the Third Circuit · 1970

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3Cited by100 opinions

  1. United States v. PhillipsCourt of Appeals for the Fifth Circuit · 1981
  2. People v. FryeCalifornia Supreme Court · 1998
  3. People v. CurtisSupreme Court of Colorado · 1984
  4. People v. RielCalifornia Supreme Court · 2000
  5. Kevin Winston Osborn v. Duane Shillinger, Warden of the Wyoming State Penitentiary A.G. McClintock the Attorney General of the State of WyomingCourt of Appeals for the Tenth Circuit · 1988

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