Legal Opinion
United States v. James Duhart
Court of Appeals for the Second Circuit
Decided July 22, 1959No. 347-348, Docket 25217-25670PublishedCited by 34 opinions
1Opinion of the Court
HINCKS, Circuit Judge.
Duhart instituted the first of these proceedings by petition under 28 U.S.C. A. § 2255. This challenged the validity of his sentence in 1955 to ten years’ imprisonment as a third offender against the narcotic laws, 21 U.S.C.A. § 174. His petition was denied and he appealed. Leave to appeal in forma pauperis was granted and counsel was assigned.
While that appeal was pending, Du-hart’s assigned counsel brought a second petition to test, under § 2255, the validity of the 1955 conviction underlying the allegedly illegal sentence which was the target of the first petition and…
2Cases cited10 opinions
- Roviaro v. United StatesSupreme Court of the United States · 1957
- Bozza v. United StatesSupreme Court of the United States · 1947
- In Re BonnerSupreme Court of the United States · 1894
- United States v. WightCourt of Appeals for the Second Circuit · 1949
- United States v. Anthony Angelet and William AngeletCourt of Appeals for the Second Circuit · 1958
5 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Charles Robert O'Malley v. United StatesCourt of Appeals for the Sixth Circuit · 1961
- Eddie Odom v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- United States v. Ralph GarguiloCourt of Appeals for the Second Circuit · 1963
- Commonwealth v. BernierMassachusetts Supreme Judicial Court · 1971
- United States v. Scott Allen NolandCourt of Appeals for the Fifth Circuit · 1974
29 more not listed; retrieve them via the Exa API.