Legal Opinion
Thomas Ribble Tucker, Jr. v. C. C. Peyton, Superintendent of the Virginia State Penitentiary
Court of Appeals for the Fourth Circuit
Decided February 24, 1966No. 10246PublishedCited by 52 opinions
1Opinion of the Court
HAYNSWORTH, Chief Judge:
In this habeas corpus proceeding, a Virginia state prisoner attacks sentences he has fully served without questioning the validity of the sentence under which, the Commonwealth contends, he is currently being held. His theory is that, if the earlier sentences were invalid, his commencement of service of subsequent sentences would be advanced, and that, if his subsequent custody is attributable to the valid sentences, he has fully served them. The District Court dismissed the petition without a hearing upon the ground that the prisoner had no standing to attack…
2Cases cited11 opinions
- Jones v. CunninghamSupreme Court of the United States · 1963
- Darr v. BurfordSupreme Court of the United States · 1950
- McNally v. HillSupreme Court of the United States · 1934
- Nathan Thomas v. W. K. Cunningham, Jr., Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1963
- Commonwealth Ex Rel. Stevens v. MyersSupreme Court of Pennsylvania · 1965
6 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Willis Lansing Ganger v. C. C. Peyton, Superintendent of the Virginia State Penitentiary, Appellant(two Cases)Court of Appeals for the Fourth Circuit · 1967
- Rowe v. PeytonCourt of Appeals for the Fourth Circuit · 1967
- Ted Williams v. Ira M. Coiner, Warden of the West Virginia State Penitentiary, Successor to Otto C. BolesCourt of Appeals for the Fourth Circuit · 1968
- Billy Wayne Sinclair v. Frank Blackburn, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1979
- Douglas F. Miller v. J. D. Cox, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1971
47 more not listed; retrieve them via the Exa API.