Legal Opinion

Robert Kelley v. Harold R. Swenson

Court of Appeals for the Eighth Circuit

Decided June 22, 1973No. 73-1077PublishedCited by 9 opinions

1Opinion of the Court

VAN OOSTERHOUT, Senior Circuit Judge.

This is an appeal in forma pauperis by petitioner Robert Kelley from order of the United States District Court filed January 8, 1973, denying without prejudice his petition filed pursuant to 28 U. S.C. § 2254, for his release from custody on a Missouri State conviction. Petitioner sought relief upon the ground that his constitutional rights were violated by the admission into evidence of confessions alleged to have been obtained as the result of an unlawful arrest not based on probable cause by the St. Louis police. The dismissal was based upon failure to…

2Cases cited18 opinions

  1. Ker v. CaliforniaSupreme Court of the United States · 1963
  2. Local 174, Teamsters, Chauffeurs, Warehousemen & Helpers v. Lucas Flour Co.Supreme Court of the United States · 1962
  3. State v. JohnstoneSupreme Court of Missouri · 1960
  4. State v. PhelpsSupreme Court of Missouri · 1964
  5. Gorman v. Washington UniversitySupreme Court of the United States · 1942

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3Cited by9 opinions

  1. Alfred Garionis, Appellant/cross-Appellee v. Harriet Newton and Keith Barr, Appellees/cross-AppellantsCourt of Appeals for the Eighth Circuit · 1987
  2. Irving Stolberg v. Members of the Board of Trustees for the State Colleges of the State Ofconnecticut, AndCourt of Appeals for the Second Circuit · 1976
  3. Fisher v. TrickeyDistrict Court, W.D. Missouri · 1987
  4. Robert Kelley v. Harold R. Swenson, Warden, Missouri State PenitentiaryCourt of Appeals for the Eighth Circuit · 1975
  5. State v. StarksNebraska Supreme Court · 1988

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