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Johnnie Lintond Tillis v. United States

Johnnie Lintond TILLIS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee

Tillis v. United States, 449 F.2d 224 (5th Cir. 1971)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
October 12, 1971
Docket
No. 71-2081_1
Judges
Wisdom, Coleman, Simpson
Citations
449 F.2d 2241971 U.S. App. LEXIS 7641

Opinion — Per Curiam

PER CURIAM:

Affirmed.

1

See Local Rule 21.

2

1

. The sole contention in this 2255 proceeding was that the trial judge in effect promised the movant probation if he would plead guilty. This is refuted by the transcript of the proceedings in open court, by the “court’s own recollection” as stated in the trial judge’s order, and by affidavits of the movant’s former counsel and of the U. S. Attorney. While we have held, Powers v. United States, 5 Cir. 1971, 446 F.2d 22 ; Martin v. United States, 5 Cir. 1971, 447 F.2d 985 that controverted issues of fact in Section 2255 proceedings may not be adjudicated on the basis of affidavits, this case contains no bona fide controverted issues, and the trial court was not required in these circumstances to hold an evidentiary hearing. See Streator v. United States, 5 Cir. 1968, 395 F.2d 661 . The propriety of admitting the former counsel’s affidavit as an exception to the attorney-client privilege is governed by our en banc decision in Woodall v. United States, 5 Cir. 1971, 438 F.2d 1317 .

2

. See NLRB v. Amalgamated Clothing Workers of America, 5 Cir. 1970, 430 F.2d 966 .

How later courts describe this case

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

1972: 21976: 11977: 119722026peak 1972 · 2

Relies on it most ⓘ

  1. Paul Braxton Owens v. United States551 F.2d 1053 (5th Cir. 1977)
  2. Richard Montgomery v. United States469 F.2d 148 (5th Cir. 1972)
  3. Donald Lee Forrester v. United States456 F.2d 905 (5th Cir. 1972)
  4. Henry Reed v. United States529 F.2d 1239 (5th Cir. 1976)

Most recent

  1. Paul Braxton Owens v. United States551 F.2d 1053 (5th Cir. 1977)
  2. Henry Reed v. United States529 F.2d 1239 (5th Cir. 1976)
  3. Richard Montgomery v. United States469 F.2d 148 (5th Cir. 1972)
  4. Donald Lee Forrester v. United States456 F.2d 905 (5th Cir. 1972)

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 4

DepthCaseCited by
Nat'l Labor Relations Bd. v. Amalgamated Clothing Workers of Am., Afl-Cio, Local 990, 430 F.2d 966 (5th Cir. 1970) 2,432
United States v. Woodall, 438 F.2d 1317 (5th Cir. 1971) 124
Streator v. United States, 395 F.2d 661 (5th Cir. 1968) 25
Powers v. United States, No. 71-1352, 446 F.2d 22 (5th Cir. 1971) 3

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