Legal Opinion
Curtis E. Midgett v. Gerald McClelland Warden of the Maryland Penitentiary
Court of Appeals for the Fourth Circuit
Decided January 13, 1977No. 75-2338PublishedCited by 16 opinions
1Opinion of the Court
HAYNSWORTH, Chief Judge.
In this habeas corpus proceeding complaint is primarily made about the imposition of a heavier sentence after a second conviction of kidnapping, the judgment of conviction after the first trial having been reversed by the Court of Appeals of Maryland. Relief was denied in the District Court 422 F.Supp. 82, upon the ground that the second trial was upon a new indictment charging a more serious offense than the first. We disagree and reverse with directions.
Midgett and two others were in a parking lot preparing for an armed robbery of the headquarters of the White Coffee…
2Cases cited7 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Blackledge v. PerrySupreme Court of the United States · 1974
- Chaffin v. StynchcombeSupreme Court of the United States · 1973
- Michigan v. PayneSupreme Court of the United States · 1973
- Michigan v. PayneSupreme Court of the United States · 1973
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- United States v. James R. Monaco and Eugene O. HicksCourt of Appeals for the Eleventh Circuit · 1983
- Cherry v. StateIndiana Supreme Court · 1981
- United States v. Paul A. Groves, Jr.Court of Appeals for the Ninth Circuit · 1978
- Jackie Vance Lowery v. W.J. Estelle, Jr., Director Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1983
- Kenneth Warren Hanson v. Circuit Court of the First Judicial Circuit of IllinoisCourt of Appeals for the First Circuit · 1979
11 more not listed; retrieve them via the Exa API.