391 U.S. 464 (1968), 791, Garrison v. Patterson

Docket Nº:No. 791, Misc.
Citation:391 U.S. 464, 88 S.Ct. 1687, 20 L.Ed.2d 744
Party Name:Garrison v. Patterson
Case Date:May 27, 1968
Court:United States Supreme Court
 
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Page 464

391 U.S. 464 (1968)

88 S.Ct. 1687, 20 L.Ed.2d 744

Garrison

v.

Patterson

No. 791, Misc.

United States Supreme Court

May 27, 1968

CERTIORARI OF THE UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

Syllabus

Petitioner, who was under sentence of death for murder, sought a writ of habeas corpus in the District Court. That court denied the writ, denied a certificate of probable cause to appeal, but granted a stay of execution to allow for an appeal. Petitioner filed with the Court of Appeals a document stating the formal history of the case, noting one of the issues, and alleging that the petition "merits further hearing by the Court," which requested a further stay of execution, a certificate of probable cause, and leave to appeal in forma pauperis. The next day, counsel were heard orally by a panel of the court in an unrecorded hearing. The court granted the stay of execution and thereafter, without further argument or submissions, granted the certificate of probable cause and affirmed the lower court's denial of habeas corpus.

Held: Where an appeal possesses sufficient merit to warrant a certificate of probable cause, appellant must be afforded adequate opportunity to address the merits, and if a summary procedure is adopted, he must be informed, by rule or otherwise, that his opportunity will or may be limited.

Certiorari granted; vacated and remanded.

Per curiam opinion.

PER CURIAM.

On November 27, 1959, petitioner was found guilty of first degree murder by a Colorado jury, which fixed his penalty at death. Following subsequent state proceedings, he sought a writ of habeas corpus in the United States District Court for the District of Colorado. He alleged that he had received inadequate representation

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by appointed trial counsel,1 that the trial court had not properly determined the voluntariness of confessions admitted against him, and that the procedure used to determine his sanity fell short of constitutional requirements. On June 2, 1967, the District Court denied the writ, denied a certificate of probable cause to appeal, see 28 U.S.C. § 2253, but granted a stay of execution to June 16, 1967, to allow time for appeal. The District Court filed a written opinion and order to that effect on June 5, 1967.

Three days later, on June 8, petitioner's attorneys filed with the Court of Appeals for the Tenth...

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