BENNETT, ACTING WARDEN

v.

LABAT ET AL.

Citator

Cited By (26 total)

• Parker v. North Carolina, 397 U.S. 790 (U.S. 1970)
  …al habeas corpus action we need not decide. Compare United States ex rel. Goldsby v. [*799] Harpole, 263 F. 2d 71 (C. A. 5th Cir.), cert. denied, 361 U. S. 838 and 850 (1959), with Labat v. Bennett, 365 F. 2d 698 (C. A. 5th Cir. 1966), cert. denied, 386 U. S. 991 (1967). See also McNeil v. North Carolina, 368 F. 2d 313 (C. A. 4th Cir. 1966). The North Carolina Court of Appeals correctly concluded that petitioner’s plea of guilty was intelligent and voluntary, and there was an adequate basis in North Carolin…
• Spinkellink v. Louie L. Wainwright, 578 F.2d 582 (5th Cir. 1978)
  …s, supra, 112 U.S. App.D.C. 407-10, 303 F. 2d at 418-21; United States v. Puff, supra, 211 F. 2d at ISO-186. Compare Glasser v. United States, supra, 315 U.S. at 83-87, 62 S.Ct. at 471-72; Labat v. Bennett, 5 Cir., 1966, 365 F. 2d 698, cert. denied, 386 U.S. 991, 87 S.Ct. 1303, 18 L.Ed.2d 334 (1967). 4. The petitioner’s final contention with regard to the exclusion of the two veniremen is that their exclusion for cause resulted in the selection of a jury that was incapable of “ ‘maintaining] a link betwee…
• Peters v. Rutledge, 397 F.2d 731 (5th Cir. 1968)
  …be able to carry his burden of proof to show that the use of the tax digests in this manner does result in systematic exclusion of significant classes apart from race. Cf. Labat v. Bennett, 5 Cir., 1966, 365 F. 2d 698 (en banc), cert, denied, 1967, 386 U.S. 991, 87 S.Ct. 1303, 18 L.Ed.2d 334. Again these are questions which should be considered in the first instance by the Georgia courts on a fully-developed factual record. Appellant also contends that he was denied his right to appeal his conviction to t…