Legal Opinion

Charles Robert O'Malley v. United States

Court of Appeals for the Sixth Circuit

Decided January 13, 1961No. 14242_1PublishedCited by 182 opinions

1Opinion of the Court

SHACKELFORD MILLER, Jr., Circuit Judge.

Appellant filed motion in the District Court under the provisions of Section 2255, Title 28 U.S.Code, to vacate a judgment and sentence of twenty-five years under an indictment charging him with the offense of bank robbery, Section 2113, Title 18 U.S.Code.

The allegations challenging the weight of the evidence cannot be considered in this collateral attack upon the judgment, in that they were properly reviewable by an appeal, which appellant did not prosecute. Whiting v. United States, 6 Cir., 196 F.2d 619.

Nor can we consider the allegation that the…

2Cases cited23 opinions

  1. Price v. JohnstonSupreme Court of the United States · 1948
  2. United States v. HaymanSupreme Court of the United States · 1952
  3. Roosevelt Mitchell v. United StatesCourt of Appeals for the D.C. Circuit · 1958
  4. Diggs v. WelchCourt of Appeals for the D.C. Circuit · 1945
  5. Alphonzo Edwards v. United StatesCourt of Appeals for the D.C. Circuit · 1958

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3Cited by182 opinions

  1. Millard Robert Beasley v. United StatesCourt of Appeals for the Sixth Circuit · 1974
  2. Garza v. IdahoSupreme Court of the United States · 2019
  3. Thomas Lorenzo Williams v. Dr. George Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1966
  4. Omar Blanco, Cross-Appellant v. Harry K. Singletary, as Secretary, Department of Corrections, State of Florida, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1991
  5. Earl Wayne Wiley v. Dewey Sowders, Superintendent, Kentucky State ReformatoryCourt of Appeals for the Sixth Circuit · 1981

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

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