Charles Ralph Davis v. Wilburn Johnson, Warden, Tennessee State Penitentiary

Sixth Circuit

Charles Ralph Davis v. Wilburn Johnson, Warden, Tennessee State Penitentiary

354 F.2d 689, 1966 U.S. App. LEXIS 7590

Court of Appeals for the Sixth Circuit·Decided January 7, 1966·No. 16319·Published·Cited by 5 cases

Opinion

PER CURIAM.

Appellant Davis filed a petition for writ of habeas corpus before the United States District Court for the Middle District of Tennessee, Nashville Division. His petition asserted, among other things, that he had been deprived of federal constitutional rights by being denied effective assistance of counsel as a result of a refusal of continuance at the time of his state trial on a robbery armed charge. He alleged that his privately retained counsel was forced to try his case the same day that he was hired, and within ten minutes thereafter.

The District Judge denied the petition without hearing saying, “The facts stated in support of this contention are not sufficient to establish it.”

This court’s review of this record indicates that the petition claims a constitutional violation which merits a hearing as to the facts alleged. Machibroda v. United States, 368 U.S. 487, 82 S.Ct. 510, 7 L.Ed.2d 473 (1962); Townsend v. Bomar, 351 F.2d 499 (C.A.6, 1965); Scott v. United States, 349 F.2d 641 (C.A.6, 1965).

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant Davis filed a petition for writ of habeas corpus before the United States District Court for the Middle District of Tennessee, Nashville Division. His petition asserted, among other things, that he had been deprived of federal constitutional rights by being denied effective assistance of counsel as a result of a refusal of continuance at the time of his state trial on a robbery armed charge. He alleged that his privately retained counsel was forced to try his case the same day that he was hired, and within ten minutes thereafter.

The District Judge denied the petition without hearing saying, “The facts stated in support of this contention are not sufficient to establish it.”

This court’s review of this record indicates that the petition claims a constitutional violation which merits a hearing as to the facts alleged. Machibroda v. United States, 368 U.S. 487, 82 S.Ct. 510, 7 L.Ed.2d 473 (1962); Townsend v. Bomar, 351 F.2d 499 (C.A.6, 1965); Scott v. United States, 349 F.2d 641 (C.A.6, 1965).

Reversed and remanded.

Charles Ralph Davis v. Wilburn Johnson, Warden, Tennessee State Penitentiary, 354 F.2d 689, 1966 U.S. App. LEXIS 7590 (6th Cir. 1966).

Pincite

354 F.2d 689 (Charles Ralph Davis v. Wilburn Johnson, Warden, Tennessee State Penitentiary) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related