Cleveland Colson v. Lamont Smith, Warden

Fifth Circuit

Cleveland Colson v. Lamont Smith, Warden

427 F.2d 143, 1970 U.S. App. LEXIS 8788

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 9, 1970

Docket28943

StatusPublished

Cited by4 cases

This text of 427 F.2d 143 (Cleveland Colson v. Lamont Smith, Warden) 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.

Bluebook

Cleveland Colson v. Lamont Smith, Warden, 427 F.2d 143, 1970 U.S. App. LEXIS 8788 (5th Cir. 1970).

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Opinion

PER CURIAM:

The District Court, in granting the petitioner-appellee’s petition for writ of habeas corpus, found that he had made out a prima facie case, unrebutted by the State of discrimination in the composition of the indicting grand jury panel.

The district court did not make findings of fact and conclusions of law regarding the petitioner’s claim of ineffective assistance of counsel and the *144 concomitant issue of the voluntariness of the plea of guilty.

Accordingly, and in order for this court to conduct meaningful review on a record which has many issues inextricably bound together, the case is remanded to enable the district court to state its findings of fact and conclusions of law on the above issues which were presented but not decided, and to certify them to this court by a supplemental record. The district court may receive and consider such memoranda, briefs, or arguments with respect to the findings of fact and conclusions of law, proposed or adopted, as it deems appropriate.

Remanded.

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PER CURIAM:

The District Court, in granting the petitioner-appellee’s petition for writ of habeas corpus, found that he had made out a prima facie case, unrebutted by the State of discrimination in the composition of the indicting grand jury panel.

The district court did not make findings of fact and conclusions of law regarding the petitioner’s claim of ineffective assistance of counsel and the *144 concomitant issue of the voluntariness of the plea of guilty.

Accordingly, and in order for this court to conduct meaningful review on a record which has many issues inextricably bound together, the case is remanded to enable the district court to state its findings of fact and conclusions of law on the above issues which were presented but not decided, and to certify them to this court by a supplemental record. The district court may receive and consider such memoranda, briefs, or arguments with respect to the findings of fact and conclusions of law, proposed or adopted, as it deems appropriate.

Remanded.

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Bluebook (online)

427 F.2d 143, 1970 U.S. App. LEXIS 8788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cleveland-colson-v-lamont-smith-warden-ca5-1970.

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