TaiLexi AI U.S. Case Law

Cleveland Colson v. Lamont Smith, Warden

Cleveland COLSON, Petitioner-Appellee, v. Lamont SMITH, Warden, Respondent-Appellant

Colson v. Smith, 427 F.2d 143 (5th Cir. 1970)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
June 9, 1970
Docket
No. 28943
Judges
Brown, Morgan, Ingraham
Citations
427 F.2d 1431970 U.S. App. LEXIS 8788

Opinion — Per Curiam

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1971: 21977: 119712026peak 1971 · 2

Relies on it most ⓘ

  1. Cleveland Colson v. Lamont Smith, Warden438 F.2d 1075 (5th Cir. 1971)
  2. Wesley Trahan v. W. J. Estelle, Director, Texas Dept. Of Corrections544 F.2d 1305 (5th Cir. 1977)
  3. Curtis Lee Jones v. Dr. George J. Beto448 F.2d 1259 (5th Cir. 1971)

Most recent

  1. Wesley Trahan v. W. J. Estelle, Director, Texas Dept. Of Corrections544 F.2d 1305 (5th Cir. 1977)
  2. Curtis Lee Jones v. Dr. George J. Beto448 F.2d 1259 (5th Cir. 1971)
  3. Cleveland Colson v. Lamont Smith, Warden438 F.2d 1075 (5th Cir. 1971)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list