Legal Opinion

Lehman S. Elliott v. State of Alabama

Court of Appeals for the Fifth Circuit

Decided May 16, 1974No. 74-1159Published

1Per curiam

The district court denied the petition of the appellant, an Alabama state prisoner, for the writ of habeas corpus. We vacate the judgment below and remand for further proceedings.

Appellant was arrested in December of 1964 and was charged with first degree murder for the slaying of his wife. At his preliminary hearing he entered pleas of not guilty and not guilty by rea son of insanity. The court appointed three attorneys to represent him. Appellant was subsequently convicted on a plea of guilty of second degree murder and sentenced to thirty years imprisonment.

Appellant applied for a writ of…

2Cases cited7 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Julius Hairston v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1972
  3. Milton D. Lizana v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1968
  4. McArthur Harris v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1970
  5. Lynnwell Smith v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1972

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