Johnny Foster v. United States, 345 F.2d 675 (6th Cir. 1965). · Go Syfert
Johnny Foster v. United States, 345 F.2d 675 (6th Cir. 1965). Cases Citing This Book View Copy Cite
27 citation events (19 in the last 25 years) across 9 distinct courts.
Strongest positive: George v. United States (tnmd, 2021-12-22)
Treatment trajectory · 1967 → 2026 · click a year to view as-of
1967 1996 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) George v. United States
M.D. Tenn. · 2021 · quote attribution · 1 verbatim quote · confidence high
this court and others, however, have recently reaffirmed the rule that the sixth amendment does not apply to collateral attacks.
discussed Cited as authority (verbatim quote) Falkowski v. United States
M.D. Tenn. · 2021 · quote attribution · 1 verbatim quote · confidence high
this court and others, however, have recently reaffirmed the rule that the sixth amendment does not apply to collateral attacks.
discussed Cited as authority (rule) Harris 600430 v. Mahar
W.D. Mich. · 2025 · confidence medium
See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (observing that the “right to appointed counsel extends to the first appeal of right, and no further”); Foster v. United States, 345 F.2d 675, 676 (6th Cir. 1965) (noting that the constitutional right to counsel does not extend to collateral proceedings).
discussed Cited as authority (rule) Herron 299600 v. Hubbel
W.D. Mich. · 2025 · confidence medium
See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (observing that the “right to appointed counsel extends to the first appeal of right, and no further”); Foster v. United States, 345 F.2d 675, 676 (6th Cir. 1965) (noting that the constitutional right to counsel does not extend to collateral proceedings).
discussed Cited as authority (rule) Hefner v. United States
E.D. Tenn. · 2022 · confidence medium
See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (observing that the “right to appointed counsel extends to the first appeal of right, and no further”); Foster v. United States, 345 F.2d 675, 676 (6th Cir. 1965) (noting that the constitutional right to counsel does not extend to collateral proceedings).
discussed Cited as authority (rule) Small v. United States
E.D. Tenn. · 2022 · confidence medium
See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (observing that the “right to appointed counsel extends to the first appeal of right, and no further”); Foster v. United States, 345 F.2d 675, 676 (6th Cir. 1965) (noting that the constitutional right to counsel does not extend to collateral proceedings).
discussed Cited as authority (rule) Price v. Noble
N.D. Ohio · 2022 · confidence medium
See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (“right to appointed counsel extends to the first appeal of right, and no further”); Foster v. United States, 345 F.2d 675, 676 (6th Cir. 1965) (constitutional right to counsel does not extend to collateral proceedings); McClain v. Kelly, 631 F. App’x 422, 436-37 (6th Cir. 2015) (holding that appellate counsel's failure to inform a petitioner of the time limitation to file a Rule 26(B) application cannot serve as cause to excuse a procedural default because there is no right to counsel at that stage).
discussed Cited as authority (rule) Rice v. United States
E.D. Tenn. · 2022 · confidence medium
See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (observing that the “right to appointed counsel extends to the first appeal of right, and no further”); Foster v. United States, 345 F.2d 675, 676 (6th Cir. 1965) (noting that the constitutional right to counsel does not extend to collateral proceedings).
discussed Cited as authority (rule) Love v. United States
E.D. Tenn. · 2022 · confidence medium
See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (observing that the “right to appointed counsel extends to the first appeal of right, and no further”); Foster v. United States, 345 F.2d 675, 676 (6th Cir. 1965) (noting that the constitutional right to counsel does not extend to collateral proceedings).
discussed Cited as authority (rule) Phelps v. United States
E.D. Tenn. · 2022 · confidence medium
See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (observing that the “right to appointed counsel extends to the first appeal of right, and no further”); Foster v. United States, 345 F.2d 675, 676 (6th Cir. 1965) (noting that the constitutional right to counsel does not extend to collateral proceedings).
discussed Cited as authority (rule) Smith v. United States
E.D. Tenn. · 2022 · confidence medium
See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (observing that the “right to appointed counsel extends to the first appeal of right, and no further”); Foster v. United States, 345 F.2d 675, 676 (6th Cir. 1965) (noting that the constitutional right to counsel does not extend to collateral proceedings).
discussed Cited as authority (rule) Dorton v. United States
E.D. Tenn. · 2021 · confidence medium
See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (observing that the “right to appointed counsel extends to the first appeal of right, and no further”); Foster v. United States, 345 F.2d 675, 676 (6th Cir. 1965) (noting that the constitutional right to counsel does not extend to collateral proceedings).
discussed Cited as authority (rule) Contreras v. United States
E.D. Tenn. · 2021 · confidence medium
See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (observing that the “right to appointed counsel extends to the first appeal of right, and no further”); Foster v. United States, 345 F.2d 675, 676 (6th Cir. 1965) (noting that the constitutional right to counsel does not extend to collateral proceedings).
discussed Cited as authority (rule) Prather v. United States
E.D. Tenn. · 2021 · confidence medium
See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (observing that the “right to appointed counsel extends to the first appeal of right, and no further”); Foster v. United States, 345 F.2d 675, 676 (6th Cir. 1965) (noting that the constitutional right to counsel does not extend to collateral proceedings).
discussed Cited as authority (rule) Moore v. United States
E.D. Tenn. · 2020 · confidence medium
See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (observing that the “right to appointed counsel extends to the first appeal of right, and no further”); Foster v. United States, 345 F.2d 675, 676 (6th Cir. 1965) (noting that the constitutional right to counsel does not extend to collateral proceedings).
discussed Cited as authority (rule) Ruffin v. United States
E.D. Tenn. · 2020 · confidence medium
Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (holding that no constitutional right to counsel exists for a prisoner mounting a collateral attack upon his conviction); Foster v. United States, 345 F.2d 675, 676 (6th Cir. 1965) (confirming “the rule that the Sixth Amendment does not apply to collateral attacks”).
discussed Cited as authority (rule) Byrge v. United States
E.D. Tenn. · 2020 · confidence medium
Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (holding that no constitutional right to counsel exists for a prisoner mounting a collateral attack upon his conviction); Foster v. United States, 345 F.2d 675, 676 (6th Cir. 1965) (confirming “the rule that the Sixth Amendment does not apply to 1Unless otherwise indicated, citations to the record refer to the docket entries in 3:20-CV- 307. collateral attacks”).
discussed Cited as authority (rule) Hopkins v. United States
E.D. Tenn. · 2020 · confidence medium
See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987) (observing that the “right to appointed counsel extends to the first appeal of right, and no further”); Foster v. United States, 345 F.2d 675, 676 (6th Cir. 1965) (noting that the constitutional right to counsel does not extend to collateral proceedings).
discussed Cited as authority (rule) Darnell v. Peyton
Va. · 1968 · confidence medium
Wissenfeld v. Wilkins, 281 F. 2d 707, 715 (2d Cir. 1960); Foster v. United States, 345 F. 2d 675, 676 (6th Cir. 1965); Cullins v. Crouse, 348 F. 2d 887, 889 (10th Cir. 1965); Brown v. Cameron, 122 U.S.App.D.C. 297 , 353 F. 2d 835, 836 (1965); Flowers v. State of Oklahoma, 356 F. 2d 916, 917 (10th Cir. 1966); Douglas v. Maxwell, 357 F. 2d 320, 321 (6th Cir. 1966); LaClair v. United States, 374 F. 2d 486, 489 (7th Cir. 1967); People ex rel.
Retrieving the full opinion text from the archive…
Johnny FOSTER, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee
16027.
Court of Appeals for the Sixth Circuit.
May 20, 1965.
345 F.2d 675
William H. Van Duzer (Court Appointed), Lansing, Mich., for appellant., Johnny Foster, in pro. per., Michael O’N. Barron, Grand Rapids, Mich., George E. Hill, U. S. Atty., Robert G. Quinn, Jr., Asst. U. S. Atty., Grand Rapids, Mich., on brief, for appellee.
Miller, O'Sullivan, Peck, Per Curiam.
Cited by 24 opinions  |  Published
PER CURIAM.

Petitioner-appellant, Johnny Foster, appeals from District Court denial of his petition under 28 U.S.C.A. § 2255 to have vacated a sentence imposed upon him following conviction for the knowing possession and negotiation of a stolen United States Treasury check. In his trial before a jury, he had the assistance of appointed counsel. He was sentenced May 19, 1961. In August of 1961 he filed a petition for writ of error coram nobis, and in January of 1962 he filed a petition for relief under § 2255. The District Judge appointed counsel who represented Foster at a hearing on such petitions, which were heard together and denied by order entered June 7, 1962. The present proceeding was commenced January 2, 1964, and in substance generally repeated the charges made in the first § 2255 proceeding that Foster was illegally arrested and confined, and brutally treated by police officers who coerced his admission of the crime. He also challenged the sufficiency and validity of the evidence upon which he was convicted. The District Judge denied Foster’s request for counsel, but conducted a full hearing upon the factual allegations of Foster’s petition and resolved such factual issues against him.

We find no error in the District Judge’s findings of fact. Moreover, illegal arrest and detention are iiot grounds for relief under § 2255. United States v. Wagner, 309 F.2d 7 (CA 6,[*676] 1962); United States v. Shields, 291 F.2d 798 (CA 6, 1961), cert. denied, 368 U.S. 933, 82 S.Ct. 371, 7 L.Ed.2d 196 (1961). We have also held that sufficiency of the evidence may not be challenged by a § 2255 petition. Dunn v. United States, 250 F.2d 548 (CA 6, 1957), cert. denied, 356 U.S. 942, 78 S.Ct. 786, 2 L.Ed.2d 816 (1958); United States v. Shields, supra.

Petitioner contends that he should have been given the assistance of counsel to process the instant petition. We have previously examined the circumstances in which counsel should be provided for a § 2255 petitioner, Vinson v. United States, 235 F.2d 120, 122 (CA 6, 1956), and we do not consider that the circumstances here involved so required. Foster was represented by counsel both at trial and on his first collateral attack, and the District Judge could properly determine that his renewed petition presented no justification for appointment of counsel. Nor do we believe-that the .Sixth Amendment has come to require appointment of counsel in every collateral attack upon a criminal conviction. The Supreme Court has of course recognized that while technically civil in character, habeas corpus proceedings (and hence § 2255 proceedings) deal basically with the rights of those charged with crime. Smith v. Bennett, 365 U.S. 708, 712-713, 81 S.Ct. 895, 6 L.Ed.2d 39 (1961). And the specific right of an accused to the assistance of counsel has been expanding. E. g., Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964); Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964); Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963). This Court and others, however, have recently reaffirmed the rule that the Sixth Amendment does not apply to collateral attacks. E. g., Juelich v. United States, 342 F.2d 29, 31-32 (CA 5, 1965); Baker v. United States, 334 F.2d 444 (CA 8, 1964); Barker v. State of Ohio, 330 F.2d 594 (CA 6, 1964).

Judgment affirmed.