Legal Opinion

Birk v. Bennett

Supreme Court of Iowa

Decided April 5, 1966No. 51902PublishedCited by 26 opinions

1Opinion of the CourtThornton, J.

Plaintiff, a prisoner in the state penitentiary, sought his release by way of habeas corpus, as a post-conviction remedy. He was informed against in Black Hawk County for a violation of section 713.1, Code, 1958, and as a habitual criminal, section 747.5, he entered a plea of guilty and was sentenced to a term of not more than 25 years. The trial court granted the writ and discharged plaintiff from the custody of the warden. Defendant appeals.

The questions presented are, the sufficiency of the evidence to sustain the trial court’s finding plaintiff was inadequately represented by counsel and…

2Cases cited22 opinions

  1. In Re BonnerSupreme Court of the United States · 1894
  2. Clarence Irvin Turner v. State of MarylandCourt of Appeals for the Fourth Circuit · 1962
  3. J. Paul Scott v. United StatesCourt of Appeals for the Sixth Circuit · 1964
  4. Sewell v. LainsonSupreme Court of Iowa · 1953
  5. Lawson Edward Schaber v. E. L. Maxwell, Warden Ohio PenitentiaryCourt of Appeals for the Sixth Circuit · 1965

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

3Cited by26 opinions

  1. Davis v. StateSupreme Court of Iowa · 1989
  2. State v. KendallSupreme Court of Iowa · 1969
  3. State v. WieseSupreme Court of Iowa · 1972
  4. State v. SefcheckSupreme Court of Iowa · 1968
  5. State v. WessonSupreme Court of Iowa · 1967

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

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