Alvin Lee Allen v. H. L. Hanchey, Warden of Louisiana State Penitentiary at Angola

Fifth Circuit

Alvin Lee Allen v. H. L. Hanchey, Warden of Louisiana State Penitentiary at Angola

352 F.2d 64

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 21, 1965

Docket22553_1

StatusPublished

Cited by1 cases

This text of 352 F.2d 64 (Alvin Lee Allen v. H. L. Hanchey, Warden of Louisiana State Penitentiary at Angola) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alvin Lee Allen v. H. L. Hanchey, Warden of Louisiana State Penitentiary at Angola, 352 F.2d 64 (5th Cir. 1965).

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Opinion

PER CURIAM.

The appellant applied to the district court for a writ of habeas corpus asserting that he was not provided with or advised of his right to counsel. At the time the matter was before the district court it had not been decided by this Court that the doctrine announced in Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, 93 A.L.R.2d 733, had a retroactive effect. The district court held that the principles announced in Gideon were not retroactive. In Williams v. State of Alabama, 5 Cir., 341 F.2d 777, it was held that Gideon should be given retroactive effect. Whatever doubt may have existed at the time of the hearing before the district court as to whether an accused should have been advised of his right to counsel at the time of his arraignment has also been put at rest by Williams v. State of Alabama, supra, where it was held that the right to counsel exists at that time. The judgment of the district court denying the application for the issuance of a writ of habeas corpus is reversed and the case remanded for further consideration.

Reversed and remanded.

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PER CURIAM.

The appellant applied to the district court for a writ of habeas corpus asserting that he was not provided with or advised of his right to counsel. At the time the matter was before the district court it had not been decided by this Court that the doctrine announced in Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, 93 A.L.R.2d 733, had a retroactive effect. The district court held that the principles announced in Gideon were not retroactive. In Williams v. State of Alabama, 5 Cir., 341 F.2d 777, it was held that Gideon should be given retroactive effect. Whatever doubt may have existed at the time of the hearing before the district court as to whether an accused should have been advised of his right to counsel at the time of his arraignment has also been put at rest by Williams v. State of Alabama, supra, where it was held that the right to counsel exists at that time. The judgment of the district court denying the application for the issuance of a writ of habeas corpus is reversed and the case remanded for further consideration.

Reversed and remanded.

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352 F.2d 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvin-lee-allen-v-h-l-hanchey-warden-of-louisiana-state-penitentiary-at-ca5-1965.

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