From Casetext: Smarter Legal Research

Johnson v. Smith

United States Court of Appeals, Fifth Circuit
Sep 2, 1971
447 F.2d 985 (5th Cir. 1971)

Opinion

No. 71-1239 Summary Calendar.

Rule 18, 5th Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York, et al., 5 Cir., 1970, 431 F.2d 409, Part I.

September 2, 1971.

Appeal from the United States District Court, Southern District of Georgia, at Savannah; Alexander A. Lawrence, Chief Judge.

Joseph Johnson, pro se.

Arthur K. Bolton, Atty. Gen. of Ga., William R. Childers, Jr., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Courtney Wilder Stanton, Asst. Atty. Gen., W. Hensell Harris, Jr., Atlanta, Ga., for respondent-appellee.

Before COLEMAN, SIMPSON, and MORGAN, Circuit Judges.



Joseph Johnson, represented by retained counsel, was convicted by a trial jury of the rape of an elderly woman. On January 21, 1966, he was sentenced to imprisonment for life. In the habeas corpus proceedings now under review Johnson contended that his retained attorney rendered ineffective representation at the trial and that he, Johnson, was denied a direct appeal.

Upon examination of the record, including the record in both the state court and the United States District Court for the Southern District of Georgia, we affirm under our Local Rule 21.

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

It might be added simply for clarification, that this case is squarely governed by Langford v. State of Alabama, 5 Cir., 1969, 422 F.2d 760, cert. denied, 400 U.S. 851, 91 S.Ct. 69, 27 L.Ed.2d 88 (1970).

Affirmed.


Summaries of

Johnson v. Smith

United States Court of Appeals, Fifth Circuit
Sep 2, 1971
447 F.2d 985 (5th Cir. 1971)
Case details for

Johnson v. Smith

Case Details

Full title:Joseph JOHNSON, Petitioner-Appellant, v. S. Lamont SMITH, Warden, Georgia…

Court:United States Court of Appeals, Fifth Circuit

Date published: Sep 2, 1971

Citations

447 F.2d 985 (5th Cir. 1971)

Citing Cases

Fitzgerald v. Estelle

These cases refuse to attribute counsel's action to the state per se, and require actual or constructive…

Ex Parte Duffy

Furthermore, misconduct of retained counsel, it was then thought, could in no way be attributed to the State…