HOLSTEIN

v.

FLORIDA

Citator

Cited By

• United States ex rel. Freddie M. Johnson v. Johnson, 531 F.2d 169 (3d Cir. 1976)
  …be read with a measure of tolerance. United States ex rel. Montgomery v. Brierley, 414 F. 2d 552, 555 (3d Cir. 1969), cert. denied, 399 U.S. 912, 90 S.Ct. 2206, 26 L.Ed.2d 566 (1970); Wade v. Yeager, 377 F. 2d 841, 846 (3d Cir. 1967), cert. denied, 393 U.S. 893, 89 S.Ct. 218, 21 L.Ed.2d 173 (1968). . The colloquy in question is as follows: The Court: [Counsel], is there any assertion being made of inadequate representation on the basis of anything which happened or did not happen at trial other than this…
• United States ex rel. Donald Howard Montgomery v. Brierley, 414 F.2d 552 (3d Cir. 1969)
  …, we should recognize that a habeas corpus petition prepared by a prisoner without the aid of counsel may be inartfully drawn and should therefore be read “with a measure of tolerance.” Wade v. Yeager, 377 F. 2d 841, 846 (3d Cir.1967), cert. denied, 393 U.S. 893, 89 S.Ct. 218, 21 L,Ed.2d 173 (1968). It is the policy of the courts to give a liberal construction to pro se habeas petitions. Robinson v. Wainright, 387 F. 2d 438, 441 (5th Cir.1967). If an examination of the state records proves inconclusive, it…
• Hunter v. Swenson, 442 F.2d 625 (8th Cir. 1971)
  …trial court. Appellant is not entitled to another plenary hearing on the same issues. 28 U. S.C. § 2254(d); Townsend v. Sain, 372 U.S. 293, 312-316, 83 S.Ct. 745, 9 L.Ed.2d 770 (1913); Wade v. Yeager, 377 F. 2d 841, 844 (3d Cir. 1967), cert. denied, 393 U.S. 893, 89 S.Ct. 218, 21 L.Ed.2d 173 (1968). On March 11, 1969, more than six weeks prior to trial, the state court conducted a hearing on appellant’s motion to suppress the statement in dispute upon the grounds that the same was involuntary and given by…