Legal Opinion
William E. Crank v. Jack R. Duckworth, Warden, and the Attorney General of Indiana
Court of Appeals for the Seventh Circuit
Decided June 25, 1990No. 89-3626PublishedCited by 51 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Statutes that impose stiff penalties on habitual offenders give new weight to old convictions. Because custody directly under these old convictions has ended, 28 U.S.C. § 2254 does not authorize a petition for a writ of habeas corpus seeking release; you can’t be released from a sentence that expired by its own terms. Maleng v. Cook, — U.S.-, 109 S.Ct. 1923, 104 L.Ed.2d 540 (1989). Yet the validity of the earlier convictions may determine the propriety of the enhancement of the latest sentence. One way to challenge the prior conviction is through a petition for a…
2Cases cited8 opinions
- United States v. TuckerSupreme Court of the United States · 1972
- Maleng v. CookSupreme Court of the United States · 1989
- Johnson v. MississippiSupreme Court of the United States · 1988
- United States v. Earl BushCourt of Appeals for the Seventh Circuit · 1989
- Cecil L. Lewis v. United StatesCourt of Appeals for the Seventh Circuit · 1990
3 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Samuel D. Mills v. D. Bruce JordanCourt of Appeals for the Seventh Circuit · 1992
- James H. Higgason, Jr. v. Richard Clark, Superintendent, Indiana State Prison, and Attorney General of IndianaCourt of Appeals for the Seventh Circuit · 1993
- Walter Washington Young v. Donald T. Vaughn the Attorney General of the State of Pennsylvania the District Attorney for Philadelphia CountyCourt of Appeals for the Third Circuit · 1996
- United States v. Robert Craig and Peter v. Pappas, United States of America v. Frank P. North, Jr., and Estate of Jack E. WalkerCourt of Appeals for the Seventh Circuit · 1990
- Vincent Tredway v. Robert A. Farley and State of IndianaCourt of Appeals for the Seventh Circuit · 1994
46 more not listed; retrieve them via the Exa API.