Henry Lyles v. United States
Cases that cite this one
2 later published cases cite this decision.
- Russell Mosley v. A. L. Dutton, Warden, Georgia State Prison (5th Cir. 1966)
- Selma Herbert Camp v. United States (5th Cir. 1965)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
This is an appeal from the denial without a hearing of a motion under 28 U.S.C. § 2255. One issue implicit in the appeal is whether the record discloses that the appellant’s right to appeal from the judgment of conviction may have been so frustrated as to justify relief under the principles presently stated by this court in No. 21,428, Pate v. Holman, Warden Kilby Prison, Alabama, 5 Cir., 341 F.2d 764. See also Johnson v. United States, 1957, 352 U.S. 565, 77 S.Ct. 550, 1 L.Ed.2d 593; Ellis v. United States, 1958, 356 U.S. 674, 78 S.Ct. 974, 2 L.Ed.2d 1060; Carnley v. Cockran, 1962, 369 U.S. 506, 516, 82 S.Ct. 884, 8 L.Ed.2d 70; Escobedo v. Illinois, 1964, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977; United States ex rel. Durocher v. LaVallee, 2d Cir. 1964, 330 F.2d 303; Taylor v. United States, W.D.Mo. 1963, 215 F.Supp. 336; United States v. Cuthbert, W.D.Mo.1963, 215 F.Supp. 333, affirmed 8th Cir. 1964, 325 F.2d 920.
To the end that that issue, along with the other issues on this appeal, may be fairly and adequately presented, it is ordered that the submission be vacated and the case restored to the docket to be again set for hearing in due course. It is further ordered that counsel be appointed to represent the appellant on this appeal.
So ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.