Legal Opinion
James M. Walsh v. Philip J. Picard, Superintendent, Etc.
Court of Appeals for the First Circuit
Decided July 29, 1971No. 71-1127_1PublishedCited by 19 opinions
1Opinion of the Court
ALDRICH, Chief Judge.
This is an appeal from the dismissal of a petition for habeas corpus brought by a state prisoner, Walsh, whose sentence was increased by the Appellate Division of the Superior Court. The Appellate Division is authorized to review sentences on the appeal of a defendant, and to diminish, affirm, or, after hearing, increase the sentence. Mass.G.L. c. 278 § 28A-D. There is no statutory requirement that the reasons for the decision be stated.1 Petitioner, hereafter defendant, asserts that the double jeopardy clause bars the Appellate Division from increasing his sentence.…
2Cases cited13 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- United States v. TateoSupreme Court of the United States · 1964
- Rinaldi v. YeagerSupreme Court of the United States · 1966
- United States v. BenzSupreme Court of the United States · 1931
- Eddie W. Patton v. State of North CarolinaCourt of Appeals for the Fourth Circuit · 1967
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cornelius E. Sarzen v. Charles W. GaughanCourt of Appeals for the First Circuit · 1973
- United States v. Eugene Difrancesco, United States of America v. Eugene DifrancescoCourt of Appeals for the Second Circuit · 1979
- Lena v. CommonwealthMassachusetts Supreme Judicial Court · 1976
- Earle R. Robinson v. Louis BermanCourt of Appeals for the First Circuit · 1979
- McHoul v. CommonwealthMassachusetts Supreme Judicial Court · 1974
14 more not listed; retrieve them via the Exa API.