Legal Opinion
Henry P. Arsenault, Jr. v. John A. Gavin, Warden or Principal Officer, Massachusetts Correctional Institution
Court of Appeals for the First Circuit
Decided October 30, 1957No. 5308PublishedCited by 6 opinions
1Per curiam
From the standpoint of federal habeas corpus, this has been from the start a desperate and hopeless case. The only purpose that could be served would be a short delay in the execution of a criminal sentence imposed by state law — a delay while the petition for habeas corpus was pending for hearing and disposition in the federal courts. This purpose has been to some extent accomplished. The district court, upon receipt of the petition, issued a notice to show cause, and pending hearing thereon issued a stay of execution as authorized in 28 U.S.C. § 2251. After such hearing, the district court…
2Cases cited9 opinions
- Brown v. AllenSupreme Court of the United States · 1953
- Darr v. BurfordSupreme Court of the United States · 1950
- Durham v. United StatesCourt of Appeals for the D.C. Circuit · 1954
- Commonwealth v. DevlinMassachusetts Supreme Judicial Court · 1957
- Ex Parte FarrellCourt of Appeals for the First Circuit · 1951
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States of America Ex Rel. Donald Tillery v. Angelo C. Cavell, Warden, Western State Penitentiary, Pittsburgh 33, PennsylvaniaCourt of Appeals for the Third Circuit · 1961
- United States of America Ex Rel. Samuel Tito Williams, Relator-Appellant v. J. Edwin La Vallee, Warden of Clinton Prison, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1960
- United States Ex Rel. Knight v. FayDistrict Court, S.D. New York · 1964
- Bailey v. HensleeDistrict Court, E.D. Arkansas · 1958
- Charles R. Starkweather, Relator and v. John Greenholtz, Deputy and Acting Warden, Nebraska State Penitentiary, AndCourt of Appeals for the Eighth Circuit · 1959
1 more not listed; retrieve them via the Exa API.