Legal Opinion
Melvin Leroy Tyler v. Harold R. Swenson, Warden, Missouri State Penitentiary
Court of Appeals for the Eighth Circuit
Decided January 30, 1976No. 75--1453PublishedCited by 4 opinions
1Opinion of the Court
STEPHENSON, Circuit Judge.
The sole issue raised in this habeas corpus appeal, brought under 28 U.S.C. § 2254, is whether the petitioner is entitled to have his state court sentence reconsidered because the state trial court may have relied on allegedly invalid 1964 convictions in imposing sentence. The district court 1 denied petitioner Melvin Tyler’s application for writ of habeas corpus. 2 We affirm.
Petitioner was convicted by a jury in 1969 of assault with intent to kill and given a 25 year sentence in accordance with the Missouri second-offender statute, Mo.Ann.Stat. § 556.280. Following…
2Cases cited7 opinions
- United States v. TuckerSupreme Court of the United States · 1972
- Nicholas Cappetta v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1969
- Melvin Leroy Tyler v. Harold R. Swenson, Warden, Missouri State PenitentiaryCourt of Appeals for the Eighth Circuit · 1976
- Sammie Preston Irby v. State of MissouriCourt of Appeals for the Eighth Circuit · 1974
- Billy Joe Garrett v. Harold R. Swenson, WardenCourt of Appeals for the Eighth Circuit · 1972
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3Cited by4 opinions
- Zemina v. SolemDistrict Court, D. South Dakota · 1977
- State v. CooperMissouri Court of Appeals · 1976
- United States Ex Rel. Mota v. FairmanDistrict Court, N.D. Illinois · 1985
- Thigpen v. AlfordDistrict Court, W.D. Oklahoma · 1981