Legal Opinion

United States of America Ex Rel. Lonnie Davis, E-5076 v. Robert L. Johnson, Superintendent, and the District Attorney of Philadelphiacounty

Court of Appeals for the Third Circuit

Decided March 20, 1974No. 73-1545PublishedCited by 14 opinions

1Opinion of the Court

ALDISERT, Circuit Judge.

This appeal by the Commonwealth of Pennsylvania requires us to decide whether late appointment of counsel in a state criminal proceeding in which appellee pleaded guilty on the second day of trial deprived him of his Sixth Amendment right of counsel. Magistrate Naythons reviewed the trial transcript and state post-conviction proceedings, including the state evidentiary hearing. The district court adopted the report of the magistrate and granted federal habeas corpus relief. No federal evidentiary hearing was held.

These proceedings relate to a plea of guilty to three…

2Cases cited16 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. McMann v. RichardsonSupreme Court of the United States · 1970
  3. Townsend v. SainSupreme Court of the United States · 1963
  4. Tollett v. HendersonSupreme Court of the United States · 1973
  5. Davis v. North CarolinaSupreme Court of the United States · 1966

11 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Hellard v. StateTennessee Supreme Court · 1982
  2. Albert Moore v. John Deyoung, Warden, Passaic County Jail, and Frank Davenport, SheriffCourt of Appeals for the Third Circuit · 1975
  3. Minor Michael Still v. United States Marshal, United States Parole Commission and Denver Sheriff's DepartmentCourt of Appeals for the Tenth Circuit · 1985
  4. State v. PaceNew Jersey Superior Court Appellate Division · 1979
  5. Paul E. Maslauskas, in No. 79-1845 v. U. S. Board of Parole, Paul E. Maslauskas, in No. 79-2139 v. Charles E. Fenton, WardenCourt of Appeals for the Third Circuit · 1980

9 more not listed; retrieve them via the Exa API.

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