Legal Opinion

Elswick v. Holland

District Court, S.D. West Virginia

Decided December 10, 1985No. Civ. A. 84-2376PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending before the Court is the habeas corpus petition of Gregory F. Elswick. The Respondents, West Virginia State officials, have filed a motion to dismiss 1 and an answer. The pro se Petitioner has filed a “Rebuttal.”

The Petitioner, Elswick, was indicted in 1983 by a Kanawha County, West Virginia, grand jury for three counts of sexual assault. The alleged incident of sexual assault occurred in Charleston, West Virginia, on January 23, 1983. Elswick was accused of forcing a young female to submit to oral, anal and vaginal intercourse. Each of…

2Cases cited28 opinions

  1. Preiser v. RodriguezSupreme Court of the United States · 1973
  2. Picard v. ConnorSupreme Court of the United States · 1971
  3. Townsend v. SainSupreme Court of the United States · 1963
  4. Williams v. New YorkSupreme Court of the United States · 1949
  5. United States v. TuckerSupreme Court of the United States · 1972

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3Cited by15 opinions

  1. People v. KeenanCalifornia Supreme Court · 1988
  2. Allen v. StovallDistrict Court, E.D. Michigan · 2001
  3. People v. TaylorCalifornia Supreme Court · 1990
  4. State Ex Rel. Dunlap v. McBrideWest Virginia Supreme Court · 2010
  5. State v. McLaughlinWest Virginia Supreme Court · 2010

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