U.S. Court of Appeals for the Fifth Circuit, 1975

McGee v. Henderson

U.S. Court of Appeals for the Fifth Circuit · Decided June 18, 1975

514 F.2d 1234 (Federal Reporter, Second Series)

Counsel

Anthony M. DiLeo, New Orleans, La. (Court-appointed), for petitioner-appellant., William J. Guste, Jr., Atty. Gen., Baton Rouge, La., Barbara B. Rutledge, Asst. Atty. Gen., New Orleans, La., Thompson L. Clarke, Dist. Atty., St. Joseph, La., Charles Brackin, Asst. Dist. Atty., Lake Providence, La., John T. Seale, Asst. Dist. Atty., Tallulah, La., for respondent-appellee.

Cases that cite this one

1 later published case cites this decision.

James McGee v. C. Murray Henderson, Warden, Louisiana State Penitentiary (5th Cir. 1975)

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 of the Court

PER CURIAM:

The district court denied the habeas corpus petition of McGee, a state prisoner, without an evidentiary hearing. Giving this pro se application the liberal construction which is required by Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 *1235L.Ed.2d 652 (1972), it appears that the appellant claims he was denied the right to appeal. Without any intimation as to the merits of the case, it is our conclusion that the judgment of the district court denying the petition should be vacated and the cause remanded for an evidentiary hearing. At the evidentiary hearing, the appellant’s proof must meet the standards set forth in Worts v. Dut-ton, 395 F.2d 341 (5th Cir. 1968) and Fitzgerald v. Estelle, 505 F.2d 1334 (5th Cir. 1974).

Vacated and remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.