Legal Opinion
William A. Neigut v. Joseph O. Kearney, Warden, Federal Correctional Institution, Texarkana, Texas
Court of Appeals for the Fifth Circuit
Decided April 27, 1955No. 15454PublishedCited by 5 opinions
1Per curiam
This appeal from an order dismissing a petition for writ of habeas corpus presents the single question, whether the district judge was right in holding that, under the last paragraph of Sec. 2255, Title 28 U.S.C., 1 the court was without authority to entertain the petition. The appellant is here insisting that he was not, the appellee that he was.
The district judge, in an opinion filed December 15, 1954: pointed out that respondent had filed a motion to dismiss the petition on the ground that, under Sec. 22E 5, Title 28 U.S.C., the court was without authority to entertain it because ii does…
2Cases cited15 opinions
- Knewel v. EganSupreme Court of the United States · 1925
- Moore v. AderholdCourt of Appeals for the Tenth Circuit · 1939
- United States Ex Rel. Leguillou v. DavisCourt of Appeals for the Third Circuit · 1954
- Kreuter v. United StatesCourt of Appeals for the Tenth Circuit · 1953
- Murphey v. ReedSupreme Court of the United States · 1948
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- D. L. Birchfield v. United States of America, and David M. Heritage, Warden, Etc.Court of Appeals for the Fifth Circuit · 1961
- Joseph Kaufman v. F. T. Wilkinson, Warden, United States Penitentiary, Atlanta, GeorgiaCourt of Appeals for the Fifth Circuit · 1956
- Charles Edwin Bennett v. J. O. Kearney, Warden, Federal Correctional Institution, Texarkana, TexasCourt of Appeals for the Fifth Circuit · 1955
- Delfin Cruz Amador v. F. T. Wilkinson, Warden, United States Penitentiary, Atlanta, Ga.Court of Appeals for the Fifth Circuit · 1957
- Pershing Mills v. Joseph O. Kearney, Warden, Federal Correctional Institution, Texarkana, TexasCourt of Appeals for the Fifth Circuit · 1955