Legal Opinion

United States of America Ex Rel. Clyde Roosa v. Walter B. Martin, Warden of Attica Prison

Court of Appeals for the Second Circuit

Decided August 16, 1957No. 24407_1PublishedCited by 13 opinions

1Opinion of the Court

*660MEDINA, Circuit Judge.

Clyde Roosa appeals from an order of Judge Burke denying “upon the merits” his petition for a writ of habeas corpus, by which he sought to attack as void a sentence imposed upon him by Judge Breed of the County Court of Onondaga County, New York, on December 19, 1950. The case is properly before us on a certificate of probable cause and leave to appeal in forma pauperis granted by this Court on October 23, 1956. This and the companion case of U. S. ex rel. Marcial v. Fay, 2 Cir., 247 F.2d 662, were heard en banc and we desire at the outset to express our thanks to…

2Cases cited3 opinions

  1. Brown v. AllenSupreme Court of the United States · 1953
  2. Darr v. BurfordSupreme Court of the United States · 1950
  3. United States of America Ex Rel. Joseph Marcial, A/K/A Joseph Johnson v. Edward M. Fay, Warden of Green Haven PrisonCourt of Appeals for the Second Circuit · 1957

3Cited by13 opinions

  1. United States of America Ex Rel. Joseph Marcial, A/K/A Joseph Johnson v. Edward M. Fay, Warden of Green Haven PrisonCourt of Appeals for the Second Circuit · 1957
  2. United States Ex Rel. Louis Cuomo, Relator-Appellant v. Edward M. Fay, Warden of Green Haven Prison, and the People of the State of New YorkCourt of Appeals for the Second Circuit · 1958
  3. Joseph Walters v. Moore-Mccormack Lines, Inc.Court of Appeals for the Second Circuit · 1963
  4. Frank Battista v. Frank Kenton, Warden, Federal Correctional Institution, Danbury, ConnecticutCourt of Appeals for the Second Circuit · 1963
  5. United States ex rel. Wolfe v. La ValleeDistrict Court, N.D. New York · 1960

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