KIMBRO
v.
HEER, WARDEN

U.S. | 1967-02-20
No. 751
Mr. Justice Stewart is of the opinion that certiorari should be denied.
386 U.S. 128 Supreme Court of the United States (1967) Caution
Cited by 12 cases
Per_curiam
Per Curiam.

Per Curiam.

The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States District Court, for the Middle District of Tennessee, for a hearing.. Townsend v. Sain, 372 U. S. 293.

Mr. Justice Stewart is of the opinion that certiorari should be denied.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Waddy v. Heer, 383 F.2d 789 (6th Cir. 1967)
    …counsel at the preliminary hearing deprived petitioners of no constitutional right because such a hearing is not a critical part of a criminal proceeding under Tennessee law. Kimbro v. Heer, 364 F. 2d 116, (6th Cir. 1966), vacated on other grounds, 386 U.S. 128, 87 S.Ct. 902, 17 L.Ed.2d 778. This case can be distinguished from White v. State of Maryland, 373 U.S. 59, 83 S.Ct. 1050, 10 L.Ed.2d 193 (1963), in which the Supreme Court held a Maryland preliminary hearing to be a critical stage, because the guil…
  • United States ex rel. Edgar H. Smith v. Yeager, 395 F.2d 245 (3d Cir. 1968)
    …now be reconsidered in the light of Townsend v. Sain for the principles of that decision are applicable retroactively and the doctrine of res judicata is not available in the habeas corpus proceeding presently before us. See Kimbro v. Heer, Warden, 386 U.S. 128, 87 S.Ct. 902, 17 L.Ed.2d 778 (1967), in which the Supreme Court vacated Per Curiam, a judgment of the Court of Appeals for the Sixth Circuit handed down in Kimbro v. Heer, Warden, 364 F. 2d 116 (1966), and remanded the case to the District Court, c…
  • Carr v. Henderson, 385 F.2d 531 (6th Cir. 1967)
    …e proceedings as was the case in Hamilton v. State of Alabama, 368 U.S. 52, 82 S.Ct. 157, 7 L.Ed.2d 114; Waddy v. Heer, Warden, 383 F. 2d 789 (C.A. 6) (No. 16,919, October 10, 1967); Kimbro v. Heer, 364 F. 2d 116 (C.A. 6), reversed on other grounds, 386 U.S. 128, 87 S.Ct. 902, 17 L.Ed.2d 778; State ex rel. Reed v. Heer, Tenn., 403 S.W. 2d 310, 314. Finally appellant contends that he was entitled to the right to counsel both during interrogation and at the preliminary hearing under the provisions of Tenness…

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