Henry Lyles v. United States

Fifth Circuit

Henry Lyles v. United States

362 F.2d 1010, 1966 U.S. App. LEXIS 5558

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 8, 1966

Docket22901_1

StatusPublished

This text of 362 F.2d 1010 (Henry Lyles v. United States) 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

Henry Lyles v. United States, 362 F.2d 1010, 1966 U.S. App. LEXIS 5558 (5th Cir. 1966).

Pincite

Opinion

PER CURIAM:

Appellant moved to vacate sentence under 28 U.S.C.A. § 2255. Initially the District Court denied relief without a hearing. We remanded the cause for hearing to determine whether Appellant was improperly denied right to appeal his original conviction and, if so, to inquire into the validity of the original conviction. Lyles v. United States, 5 Cir., 1965, 346 F.2d 789. After a full and complete hearing, the District Court concluded that Appellant was not improperly denied the right to appeal his original conviction and held further that there was no error in the original trial. Relief was denied. We find it unnecessary to determine whether actions by Appellant’s counsel in not pursuing the appeal amounted to a denial of any fundamental right. We do this because under our prior remand, the District Court was to review the intrinsic merits of the original conviction, and we in effect in reviewing that decision have examined the whole case as though it were on original appeal. As the District Judge found, we too find that trial was free from error.

Affirmed.

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

PER CURIAM:

Appellant moved to vacate sentence under 28 U.S.C.A. § 2255. Initially the District Court denied relief without a hearing. We remanded the cause for hearing to determine whether Appellant was improperly denied right to appeal his original conviction and, if so, to inquire into the validity of the original conviction. Lyles v. United States, 5 Cir., 1965, 346 F.2d 789. After a full and complete hearing, the District Court concluded that Appellant was not improperly denied the right to appeal his original conviction and held further that there was no error in the original trial. Relief was denied. We find it unnecessary to determine whether actions by Appellant’s counsel in not pursuing the appeal amounted to a denial of any fundamental right. We do this because under our prior remand, the District Court was to review the intrinsic merits of the original conviction, and we in effect in reviewing that decision have examined the whole case as though it were on original appeal. As the District Judge found, we too find that trial was free from error.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

362 F.2d 1010, 1966 U.S. App. LEXIS 5558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-lyles-v-united-states-ca5-1966.

Opinion

Related

Cite This Page — Counsel Stack