Legal Opinion

John R. Linton v. Harold A. Cox, Warden, New Mexico State Penitentiary

Court of Appeals for the Tenth Circuit

Decided March 30, 1966No. 8543_1PublishedCited by 5 opinions

1Opinion of the Court

SETH, Circuit Judge.

Appellant, a prisoner in the New Mexico State Penitentiary, appeals from a denial of his petition for habeas corpus by the United States District Court. The petition concerns the constitutionality of the procedure used by the state court to revoke an order deferring his sentence.

The pertinent facts are as follows: On May 9, 1963, appellant, represented by an attorney, entered a plea of guilty in the state court to an information charging him with one count of forgery. The trial court continued appellant’s bond, defer red sentencing, and ordered him to make restitution. On…

2Cases cited11 opinions

  1. Fay v. NoiaSupreme Court of the United States · 1963
  2. Escoe v. ZerbstSupreme Court of the United States · 1935
  3. Burns v. United StatesSupreme Court of the United States · 1932
  4. Ex parte LuceroNew Mexico Supreme Court · 1917
  5. James D. Mooneyham v. State of KansasCourt of Appeals for the Tenth Circuit · 1964

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. SublettNew Mexico Court of Appeals · 1968
  2. Frank G. Francia v. Felix Rodriguez, Acting Warden, New Mexico State PenitentiaryCourt of Appeals for the Tenth Circuit · 1967
  3. Allen v. MacDougallDistrict Court, D. South Carolina · 1967
  4. Phillips v. StateDistrict Court of Appeal of Florida · 1967
  5. Richard Ralph Martinez v. Attorney General of the State of New Mexico New Mexico Parole BoardCourt of Appeals for the Tenth Circuit · 1993

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