Legal Opinion

Bell v. United States

Court of Appeals for the Fifth Circuit

Decided July 6, 1942No. 10220PublishedCited by 10 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

This is another of the many post mortems stemming from the broad language used in Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461, and supported only by the prisoner’s word. It is not, however, a habeas corpus, but a prisoner in Alcatraz Penitentiary applies to the trial court in Alabama to treat as void his trial and conviction five years ago. The petition states that it is not petitioner’s aim or intention to request the court to “set him scot free”, but that all he asks is that he be afforded a fair and impartial trial, having orginally been deprived of…

2Cases cited5 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Meyers v. United StatesCourt of Appeals for the Fifth Circuit · 1941
  3. Miller v. United StatesCourt of Appeals for the Fifth Circuit · 1942
  4. Buie v. United StatesCourt of Appeals for the Fifth Circuit · 1942
  5. Pringle v. United StatesCourt of Appeals for the Fifth Circuit · 1942

3Cited by10 opinions

  1. Price v. JohnstonSupreme Court of the United States · 1948
  2. Barrett v. Hunter, Warden. Rutledge v. Hunter, WardenCourt of Appeals for the Tenth Circuit · 1950
  3. Barber v. United StatesCourt of Appeals for the Fourth Circuit · 1944
  4. Burton v. United StatesCourt of Appeals for the Fifth Circuit · 1949
  5. Price v. JohnstonCourt of Appeals for the Ninth Circuit · 1947

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