Freeman v. Henderson
Court of Appeals for the Fifth Circuit
1Per curiam
Freeman, convicted of armed robbery in the Orleans Parish Criminal District Court, petitions for a writ of habeas corpus. As noted by the court below, the state court record reveals that Freeman personally appeared in court and withdrew his appeal at a time when counsel had already put it in motion. That record also contains Freeman’s letter to his counsel stating that he had made up his mind about the appeal and decided to take his chances in prison.1 The court below found, that the record clearly reflects Freeman chose not to appeal, deliberately bypassing his appellate remedies in state…
2Cases cited3 opinions
- United States of America Ex Rel. Juan Cruz v. J. Edwin Lavallee, Warden, Auburn State Prison, Auburn, New YorkCourt of Appeals for the Second Circuit · 1971
- Julius Hairston v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1972
- Carl Eugene Bowman v. Louie L. WainwrightCourt of Appeals for the Fifth Circuit · 1972
3Cited by4 opinions
- Ex Parte DuffyCourt of Criminal Appeals of Texas · 1980
- Hiram B. Bailey v. Joseph A. OliverCourt of Appeals for the Eleventh Circuit · 1983
- Bellotti, Carl Matthew III AKA Belotti, Carl Mathew IiiCourt of Appeals of Texas · 2015
- Ernest Freeman v. C. Murray Henderson, Warden, Louisiana State Penitentiary, No. 74-3480 Summary Calendar. Rule 18, 5th Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5th Cir., 1970, 431 F.2d 409Court of Appeals for the Fifth Circuit · 1975