Legal Opinion

Nicholas Cappetta v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Court of Appeals for the Fifth Circuit

Decided February 3, 1969No. 26679_1PublishedCited by 38 opinions

1Opinion of the Court

BELL, Circuit Judge:

Pursuant to Rule 18 of the Rules of the Court, this case has been placed on the summary calendar for disposition without oral argument. 1

This is a pro se appeal by a Florida state prisoner from the denial of his petition for a writ of habeas corpus. The petition attacked a judgment of conviction and the five year sentence imposed thereon in the Criminal Court of Record of Dade County, Florida, for breaking and entering, and grand larceny.

The state responded by contesting the jurisdiction of the federal habeas court on the ground that the sentence under attack had expired…

2Cases cited5 opinions

  1. Carafas v. LaValleeSupreme Court of the United States · 1968
  2. Peyton v. RoweSupreme Court of the United States · 1968
  3. Parker v. EllisSupreme Court of the United States · 1960
  4. Norman Wittner v. United StatesCourt of Appeals for the Fifth Circuit · 1969
  5. Marvin Niles Stubblefield v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968

3Cited by38 opinions

  1. Eugene Anderson v. Harold J. Smith, Superintendent of Attica Correctional FacilityCourt of Appeals for the Second Circuit · 1984
  2. Kenneth Warren Hanson v. Circuit Court of the First Judicial Circuit of IllinoisCourt of Appeals for the First Circuit · 1979
  3. Wayne Fox v. Ira KelsoCourt of Appeals for the Eleventh Circuit · 1990
  4. Billy Wayne Sinclair v. Frank Blackburn, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1979
  5. Bramlett v. PetersonDistrict Court, M.D. Florida · 1969

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