Legal Opinion
McArthur Harris v. State of Alabama
Court of Appeals for the Fifth Circuit
Decided July 23, 1970No. 28797PublishedCited by 5 opinions
1Per curiam
This is an appeal from the district court’s denial of habeas corpus relief to a prisoner of the State of Alabama, without an evidentiary hearing, on grounds of failure to exhaust state remedies. 1 We vacate the judgment below and remand the case. 2
The appellant was convicted of robbery upon trial by jury. The judgment was affirmed upon direct appeal. Harris v. State, 1968, 44 Ala.App. 449, 212 So.2d 695, cert. den. 282 Ala. 726, 212 So.2d 704.
Appellant then filed a petition in his trial court for coram nobis relief, which was denied on December 31, 1968. The appellant had six months…
2Cases cited6 opinions
- Patricia Lebouef Murphy, as Administratrix of the Estate of Edward Fontenot, Deceased, Etc. v. Houma Well Service, and Eva C. Fontenot, IntervenorCourt of Appeals for the Fifth Circuit · 1969
- James Leo Huth v. Southern Pacific CompanyCourt of Appeals for the Fifth Circuit · 1969
- Cecal Bell v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1966
- Harris v. StateAlabama Court of Appeals · 1968
- Harris v. StateSupreme Court of Alabama · 1968
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Arthur Jackson, Jr. v. State of Alabama, Jasper Lee Cooks v. Circuit Court of Mobile CountyCourt of Appeals for the Fifth Circuit · 1976
- Julius Hairston v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1972
- Harris Percy Wynn v. Samuel L. Smith, Warden, Georgia State Prison, Reidsville, Ga.Court of Appeals for the Fifth Circuit · 1971
- Arthur Jackson, Jr. v. State of Alabama, Jasper Lee Cooks v. Circuit Court of Mobile CountyCourt of Appeals for the Fifth Circuit · 1976
- Lehman S. Elliott v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1974