Charles Wiggins v. S. Lamont Smith, Warden, Georgia State Prison
This text of 462 F.2d 1373 (Charles Wiggins v. S. Lamont Smith, Warden, Georgia State Prison) 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.
Opinion
On Rehearing
Pursuant to a confession of error made by respondent-appellee, 1 the order of the district court is vacated in its entirety and the cause is remanded to the district court for reconsideration of all of appellant’s contentions in light of the confession of error.
Vacated and remanded.
. “The writ of habeas corpus should issue as to the three life sentences presently being served by Petitioner-Appellant Charles Wiggins, since the sentences rest upon an adjudication by a State superior court without jurisdiction over the subject matter.” Brief of respondent-appellee at page 6.
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462 F.2d 1373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-wiggins-v-s-lamont-smith-warden-georgia-state-prison-ca5-1972.