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Black Panther in ExileThe Pete O'Neal Story$
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Paul J. Magnarella

Print publication date: 2020

Print ISBN-13: 9780813066394

Published to Florida Scholarship Online: January 2021

DOI: 10.5744/florida/9780813066394.001.0001

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PRINTED FROM FLORIDA SCHOLARSHIP ONLINE (www.florida.universitypressscholarship.com). (c) Copyright University Press of Florida, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in FLASO for personal use.date: 04 July 2022

Submission, Responses, and Final Orders

Submission, Responses, and Final Orders

(p.199) 11 Submission, Responses, and Final Orders
Black Panther in Exile

Paul J. Magnarella

University Press of Florida

Attorney Austin Shute delivered attorney Magnarella’s petition to the Federal District Court in Kansas. Judge Arthur J. Stanley had retired, and his long-time colleague Judge Earl E. O’Connor had taken over Pete’s case. He accepted the petition, directed the U.S. Attorney to file a response, and allowed O’Neal’s counsel to file a reply. A U.S. Assistant Attorney responded to the petition by arguing, without legal support, that the writ of coram nobis was all but extinct and recommended that the judge invoke the fugitive disentitlement doctrine. The presiding judge refused to examine the merits of the petition. He invoked the fugitive disentitlement doctrine, saying that O’Neal could have litigated his legal issues on appeal in 1970. Because O’Neal had fled the jurisdiction of the court back in 1970, the judge said he was not entitled to any court resources.

Keywords:   Paul Magnarella, Judge Earl E. O’Connor, writ of coram nobis, fugitive disentitlement doctrine

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